TERMS + CONDITIONS
Terms and Conditions of Use of Getintothebubble.com
Getintothebubble.com and its related sites, services, applications, and tools (each and collectively, the “Site”) are owned and operated by Bubble Goods, Inc. (“Bubble,” “Us” or “We”). These terms and conditions (“Terms”) apply to all visitors and users of our Site (“User”) and govern your use of the Site and your conduct on the Site.
NOTICE OF CLASS ACTION WAIVER: PLEASE NOTE THAT THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER. ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE SECTION 29 BELOW.
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OUR SITE IN ANY WAY. THE USE OF OUR SITE IS OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS
We may modify these Terms from time to time without notice to you. The provisions contained herein supersede all prior notices or statements regarding our Terms with respect to the Site. We encourage you to check the Site frequently to see the current Terms in effect and any changes that may have been made. By using the Site following any modifications to these Terms, you agree to be bound by the modifications.
Any inquiries concerning these Terms should be directed to us at the address below.
2. NO MEDICAL ADVICE IS PROVIDED BY BUBBLE.
The Site is designed to provide appropriately qualified sellers (“Sellers”) the opportunity to market their products. The products and product descriptions appearing on the Site are provided solely by the Sellers without any input from Bubble. Bubble makes no representation with respect to, nor do we guarantee or endorse, the accuracy, completeness, timeliness, reliability, suitability, or correct sequencing of any content posted by Sellers. Likewise, Bubble does not endorse, oppose or edit any opinion, claim, or analysis expressed by any Seller.
Seller’s statements do not constitute medical advice. The materials on the Site may not apply to your specific situation or your specific location, or may be incomplete or outdated. You should not act or rely on any information on the Site. The Site and materials posted or linked are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You are not authorized to treat the Site as a source of medical advice. Before acting or delaying action, you should first seek the advice of a physician who is qualified and licensed, as applicable, in the applicable subject matter and jurisdiction. Bubble does not recommend or endorse any products or other information that may be mentioned on or included in the Site. Any information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition.
- PRODUCTS AND INFORMATION ARE PROVIDED ONLY BY SELLER.
Each Seller is responsible for providing the product information displayed on the Site. Sellers may alter their product information; thus Bubble cannot guarantee or ensure the accuracy, completeness, reliability, or timeliness of any product information. Accordingly, you should not rely solely on the information presented on the Site, but should always read carefully the labels, warnings, and directions before using or consuming a product. For additional information about a product, or if you have specific nutrition or dietary concerns or questions, please contact the Seller directly. None of the entities associated with Bubble assume any liability for inaccuracies, misstatements, or omissions related to any product information listed on the Site.
EACH SELLER IS RESPONSIBLE FOR THE AVAILABILITY, QUALITY AND FRESHNESS OF THE GOODS OFFERED ON THIS SITE.
- CONSENT TO PROCESSING; INTERNATIONAL USE
We control and operate the Site from our offices in the United States, and all information is processed within the United States or at the locations of our service providers. We do not represent that materials on the Site are appropriate or available for use in locations outside the United States. Persons who choose to access the Site from locations outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Users agree to comply with all applicable laws, rules and regulations in connection with their use of the Site. The Site may be used only for lawful purposes and in a lawful manner. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside as well as the restrictions on import or export of Items from the Seller’s country to your country.
5. OPERATION OF THE SITE AND THE ROLE OF BUBBLE
The Site provides an online marketplace for Sellers to sell Items to Users. Each sale is directly between the User and the Seller.
The role of Bubble is expressly limited to making the Site available and maintaining the Site. Bubble is an intermediary and not an agent or fiduciary for either the User or the Seller for any purpose. Bubble is not responsible for the actual sale of Items and does not control the information provided by Sellers or Users nor their acts or omissions. Bubble is independent from the User and Seller, and no partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the operation of the Site by Bubble.
By using the Site, Users, solely of their own initiative, select and purchase Items marketed by Sellers, and place orders for Items via the Site. You acknowledge that Bubble has no control over the ultimate price Items are sold at or any sales terms ultimately entered into between you and a Seller.
We are not responsible for the delivery of or transfer of legal ownership of Items from a Seller to Users. We are not responsible for the delivery of payment from Users to the Seller. Payment is effected through a third-party financial services provider. We have sole control over the look, feel, content, operations and evolution of the Site, and may modify the Site and any content in our sole discretion.
Bubble may, but is not obligated to, provide intermediary services between the User and Seller in connection with customer service or dispute resolution matters. In the event Bubble elects in its sole discretion to provide intermediary services, then the decision of Bubble is final and binding on all parties and cannot be appealed, challenged or reversed.
RELATIONSHIP OF THE PARTIES
The Seller is responsible for accurately describing the Items it is offering to sell and for delivering the Items to the User in accordance with the arrangements made between the User and Seller, including transfer of title and payment of sales or other taxes or fees.
The User is responsible for determining the value, condition and authenticity of the Items being purchased, to pay the purchase price to the Seller, including any sales or other taxes or fees, and to arrange for shipping of the Items purchased.
The agreements between the User and the Seller shall not be governed by the U. N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
7. ELIGIBILITY TO USE THE SITE
Users must be 18 years of age or older to use the Site. The Site is not directed at children under the age of 13 and does not knowingly collect information from such children. The Site is designed for persons with experience with, and who are accustomed to, buying Items based on photographs, and the User represents having such experience.
8. SITE USE TERMINATION; RIGHT TO MODIFY SITE; CORRECTIONS OF ERRORS, DEFICIENCIES, INACCURACIES AND OMISSIONS.
Bubble expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Site by any person or entity, at the sole discretion of Bubble, for any reason or no reason at all, and without prior notice. We reserve the right to modify or discontinue all or any part of the Site—including any or all of the Content (as defined in Section 21) on the Site, or any services offered through the Site—at any time without notice to you. In addition, the Site (including the Content) may contain typographical, pictorial and/or other errors, deficiencies, or inaccuracies and may not be complete, accurate, timely, or current. We assume no responsibility for any such errors, deficiencies, inaccuracies, or omissions on the Site and do not guarantee that they will be corrected. We and Sellers both reserve the right to (i) discontinue any stated offer, (ii) delete, change or update prices, promotions, product descriptions or specifications, or other information, and (iii) delete, change or update the Content at any time without prior notice. In the event of an error involving product pricing or the terms of an offer, changes will take effect upon posting on the Site, unless otherwise noted.
9. REGISTRATION AND ACCOUNT ACCESS
Registration may be required in order to use the Site. Registrants are required to provide certain information and to select a password to be used to create and access their accounts. This password and other registration details should be kept safe and not shared with anyone. Registrants may voluntarily provide additional information in the registration process to personalize their accounts. Registrants may access their accounts to view their profile information as well as transaction information by clicking the icon on the home page of the Site after logging in.
Users may cancel their registration and account at any time. For your security, requests to terminate accounts MUST originate from the registered email account at Bubble and be addressed to [email address]. Under no circumstances will a cancellation request received via the phone or otherwise be accepted.
10. ITEM DESCRIPTION, PRICING AND AVAILABILITY; SITE UNAVAILABILITY
Sellers are solely responsible for the accuracy of the descriptions or pricing of the Items on the Site. Bubble relies on the Sellers for such information and is not responsible in any way for the description or pricing of Items on the Site provided by the Seller.
However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause unintended inaccuracies to appear on the Site. Bubble has the right to correct inaccuracies or mistakes that come to its attention and to void any purchases of Items that display an inaccurate price or description.
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events.
Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will Bubble or the Sellers be held liable for any damages due to such interruptions or lack of availability.
All Items displayed on the Site are offered for sale strictly subject to availability.
The User is aware the Site is designed to provide the User access to Items as the Sellers present them. Accordingly, Bubble does not verify any information provided by the Seller (or its representative selling an Item), and Bubble makes no representations or warranties with respect to the Seller, the Item or the information related to the Item.
11. THE SALE PROCESS
Purchases through Site. When a User identifies an Item for purchase, the User may elect to order the Item directly through the checkout page operated by a third-party financial services provider. At that time, the User shall submit valid payment information for payment of the Total Purchase Price. The “Total Purchase Price” is the price for the product listed on the Site and includes (i) the agreed price of the Item (the “Purchase Price”); (ii) if applicable, shipping fees; and (iii) sales or other taxes that the Seller is required to collect from the User under applicable law at the time of sale. By electing to purchase, the User irrevocably agrees to pay the Total Purchase Price, and the Seller agrees to sell the Item for the Total Purchase Price.
Sales Confirmation. An order is deemed “accepted” by the Seller and the sale is confirmed between the User and the Seller when a confirmation (“Sale Confirmation”) email is sent to the User’s email account notifying the User that the User’s purchase of the Item has been accepted and confirmed by the Seller and that the User’s payment is being processed and the Items shipped. Notwithstanding anything to the contrary contained herein, in the event(s) of an error by Seller as to availability of the Item or any other error on Seller’s part with respect to a Sale Confirmation or the operation of the Site, the Seller and/or Bubble reserves the right in its sole and absolute discretion to rescind that Sale Confirmation without penalty to any party.
Once a Sale Confirmation email for an Item is sent to the User, a binding contract between the User and the Seller with respect to the sale and purchase of that Item is created.
12. OFFERS TO BUY OR SELL OUTSIDE OF THE BUBBLE SITE
Bubble does not allow Users or Sellers to use Bubble to contact each other to make offers to buy or sell items outside of the Site. Also, Users and Sellers are not permitted to use information obtained from the Site to contact each other about buying or selling outside of the Site.
Sellers are liable for all fees due to Bubble arising out of all sales made using some or all of the Site’s services, even if sales terms are finalized or payment is made outside of the Site.
Please make sure to follow these guidelines. If a User breaches these guidelines, Bubble may limit, restrict, or suspend the User from using Site features. The User may also forfeit special account status and any discounts. The User may be subject to the application of fees and recovery of Bubble’s expenses in policy monitoring and enforcement.
13. PAYMENT FOR PRODUCTS PURCHASED
Immediately upon transmission of the Sale Confirmation email, the User irrevocably authorizes User’s payment card to be charged an amount equal to 100% of the Total Purchase Price.
If for any reason after receipt of the Sale Confirmation email, the User cancels a payment made by credit card or any other means, the User shall remain liable to the Seller for the full Total Purchase Price and any costs related to the sale of the Item, including, but not limited to, any costs incurred by Bubble associated with collecting any amount due to the Seller, including, but not limited to, legal fees and costs.
14. SALES ARE “AS-IS”
All Items displayed on the Site are sold “AS-IS”. Neither the Seller nor Bubble makes any guarantee, warranty or representation, expressed or implied, to any User with respect to any Item, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. Bubble makes no representation or warranty as to whether the User acquires any reproduction rights or other intellectual property rights in any Item.
15. RETURN POLICY
We do not accept returns, but if your purchased product arrives damaged or if it has been recalled, please contact us at email@example.com and we will arrange for a replacement or refund by the Seller.
BUYING AND SELLING OUTSIDE THE UNITED STATES
Bubble does not permit sales or delivery of Items outside of the United States.
The User is entirely responsible for paying all sales and other taxes related to the purchase of each Item (collectively, “Taxes”). The User shall pay the Seller such Taxes as the Seller is required to collect, but failure of the Seller to collect the Taxes will not relieve the User’s obligation. It is the User’s responsibility to establish and/or document any applicable exemption from Taxes.
18. TRANSFER OF TITLE/RISK OF LOSS
The Seller of each Item sold on the Site represents that the Seller will convey clear title of each Item to the User upon receipt by the Seller of the Total Purchase Price for the Item.
Seller is responsible for arranging shipping, and risk of loss and title for such Item pass to the User upon the User’s receipt of the Item. The Seller represents that the Seller is the sole owner of each Item the Seller is offering for sale on the Site and that the Seller will transfer ownership of the Item to the User free from any claims by third parties.
Seller shall arrange for packaging and shipping. Seller shall provide shipping information including the name of the freight carrier, the complete cost of shipment from Seller to User’s designated receiving address, the cost of any other charges to be paid by User, as well as any costs or fees to be charged by Seller for packaging the Items for shipment. User shall prepay all shipment costs as part of the Total Purchase Price.
20. REFUSAL OF TRANSACTION
Bubble reserves the right to withdraw any Item from the Site or to amend any content on the Site at any time in its sole discretion. Bubble may refuse service to anyone at any time in its sole discretion. Bubble will not be liable to any User or any other third party because Bubble has withdrawn any Item from the Site, amended any of the content on the Site, or denied access to the Site.
21. COPYRIGHT INFRINGEMENT. NOTICE AND TAKE DOWN PROCEDURES.
We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Bubble Goods, Inc.
If you become aware that material appears on the Site in violation of a copyright, please notify us by email at firstname.lastname@example.org.
22. MODIFICATION TO SITE; MONITORING
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Site Monitoring. Bubble reserves the right, but accepts no obligation, to monitor any activity and content on the Site. Bubble may investigate any reported violations of applicable law, rule or regulation applicable to Users or transactions on the Site and take action that it deems appropriate, including, but not limited to, issuing warnings, suspending or terminating service, denying access or removing any content from the Site. Bubble may also investigate the use of a credit card by a User and take such action as Bubble deems appropriate, including, but not limited to, canceling any order placed by such User.
23. PROHIBITED SITE USE; SECURITY RULES AND USER SUBMITTED CONTENT
Prohibited Conduct. The Site may be used only for lawful purposes by individuals using authorized services of Bubble. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Bubble specifically prohibits any use of the Site, and requires all Users to agree not to use the Site, for any of the following:
(i). Posting any information or using a payment mechanism, which is incomplete, false, inaccurate or not your own;
(ii) Impersonating another person;
(iii) Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violating any city, state, national or international law or regulation or that fails to comply with accepted Internet protocol;
(iv) Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
(v) Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
(vi) Posting material that infringes on any other intellectual property, privacy or publicity right of another;
(vii) Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws; or
(viii) Attempting to interfere in any way with the Site’s or Bubble’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
Security Rules. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the User or Users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by doing any of the following:
(i) Accessing data not intended for you or logging into a server or account that you are not authorized to access;
(ii) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(iii) Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site; overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
(iv) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
User Submitted Content. You are responsible for any User Content you post to the site. By “User Content” we mean any content you post to the Site, which may include reviews, comments, image uploading, captions, participating in forums, and other such features that allow you to add content to the Site. We are not responsible for the personally identifiable or other information you choose to submit as User Content, and we reserve the right to remove any User Content generated by any user at our sole discretion. You understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential, so if you do not want anyone to read or see that content, do not submit or post it to the Site.
If we allow you to upload User Content, you may not:
(i) provide User Content that you do not have the right to submit, unless you have the owner's permission; this includes material covered by someone else's copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
(ii) forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide;
(iii) provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
(iv) provide User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate;
(v) impersonate anyone else or lie about your affiliation with another person or entity in your User Content;
(vi) use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks in your User Content; or
(vii) provide User Content that disparages us or our vendors, partners, Sellers, representatives and affiliates.
Except as otherwise specifically provided, if you post content or submit material to the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms or any law or regulation; and the content will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content. User Content comes from a variety of sources. We do not endorse or support any views, opinions, recommendations, or advice that may be in User Content, nor do we vouch for its accuracy or its reliability, usefulness, safety or intellectual property rights. We take no responsibility and assume no liability for any User Content posted by you or any third party.
24. PROPRIETARY RIGHTS
As between you and Bubble (or any other company whose marks appear on the Site), Bubble (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site, and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Bubble. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
The information on the Site, including without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of Bubble Goods, Inc. or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.
Images created or produced or modified by Bubble. All images created or produced or modified by Bubble are the sole property of Bubble. Bubble may use any such image to promote the Site or for any other purpose at any time without restriction.
25. LINKS TO THIRD-PARTY SITES
You may be able to link to third-party websites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by us in any way, and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any Linked Sites or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of the Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through the Linked Sites. You should direct any concerns to that site's administrator or Webmaster. We reserve the exclusive right, in our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
All Users agree to defend, indemnify and hold harmless Bubble Goods, Inc. and its directors, officers, employees, agents, vendors, partners, contractors, representatives and affiliates from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with their use of the Site, their purchase or sale of Items, the nature or quality of Items, their disputes with any Seller in connection with use of the Site, their violation of any law, their violation of these Terms or their posting or transmission of any User Content or materials on or through the Site, including, but not limited to, any third-party claim that any information or materials such Site user provides infringe any third-party proprietary right. All Users agree to cooperate as fully as reasonably required in the defense of any claim. This indemnification obligation will survive the termination of these Terms and your use of the Site.
27. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BUBBLE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY ITEMS OFFERED FOR SALE OR SOLD ON OR THROUGH THE SITE OR ANY SELLER, INCLUDING WITHOUT LIMITATION:
(a) any representation or warranty that the Site meets the User’s requirements, will always be accessible, uninterrupted, timely, or secure or operate without error or that defects will be corrected;
(b) any representation or warranty with respect to title to or delivery of any Item;
(c) any representation or warranty with respect to intellectual property rights in any Item;
(d) any representation or warranty that any Item conforms to its description or the colors, texture and detail shown on the User’s computer monitor;
(e) any representation or warranty regarding the character, reputation or business practices of the Seller;
(f) any representation or warranty concerning the availability, accuracy, completeness, usefulness, or content of information; or
(g) any representation or warranty of title, non-infringement, merchantability or fitness for a particular purpose.
The User must direct all claims regarding any Item to the Seller and must resolve any dispute regarding any Item directly with the Seller.
No advice, results, information, or materials, whether oral or written, obtained by you through the Site shall create any warranty by Bubble not expressly made herein. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
BUBBLE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF SELLERS ON OR THROUGH THE SITE. BUBBLE IS NOT A PARTY TO ANY TRANSACTION BETWEEN USERS AND SELLERS UNLESS REQUESTED AND NOTIFIED TO THE PARTIES.
You expressly agree to release Bubble, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, partners, successors and assigns (the "Released Parties"), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation, court costs and attorneys' fees, which you may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a dispute. You further waive your rights under Section 1542 of the California Civil Code, and any similar law of any applicable jurisdiction, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." You agree that no joint venture, partnership, employment, or other agency relationship exists between you and Bubble as a result of these Terms or your use of the Site.
29. LIMITATION OF LIABILITY
IN NO EVENT SHALL BUBBLE GOODS, INC., ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUBSIDIARIES, DIVISIONS, SUCCESSORS, SUPPLIERS, DISTRIBUTORS, AFFILIATES, VENDORS, CONTRACTORS, REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF BUBBLE OR ITS REPRESENTATIVES OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF BUBBLE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $50.00. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL BUBBLE GOODS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, OR AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THE SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF BUBBLE.
30. ARBITRATION; WAIVER OF JURY TRIAL AND CLASS ACTION; APPLICABLE LAW/JURISDICTION
(A) Binding Arbitration. Any dispute, controversy or claim arising out of or relating to these Terms, or its breach, which cannot be resolved between the parties through negotiation within thirty (30) days, shall be submitted to the American Arbitration Association (“AAA”) for mandatory binding arbitration in front of a single arbitrator chosen in accordance with the AAA Rules. Discovery shall be permitted, but only to the extent that the documents are directly relevant to and needed for fair resolution of one or more of the issues of importance and can be located and produced at a cost that is reasonable in the context of all surrounding facts and circumstances. When the cost and burden of discovery are disproportionate to the likely importance of the requested materials, the arbitrator may deny the requests or require that the requesting party advance the reasonable cost of production to the other side.
(B) Additional Provisions. The arbitrator may not award non-monetary or equitable relief of any sort, nor award damages inconsistent with these Terms. All aspects of the arbitration shall be treated as confidential. Neither the parties nor the arbitrator may disclose the existence, content or results of the arbitration, except as necessary to enforce the results of the arbitration or to comply with legal or regulatory requirements. The arbitrator shall render its award in writing and will include the findings of fact and conclusion of law upon which the award is based. The result of the arbitration shall bind the parties, and judgment on the arbitrators’ award may be entered in any court having jurisdiction. In addition to any and all other relief to which a party may be entitled, the arbitrator shall award reasonable attorneys’ fees and costs, including reasonable expert witness fees and costs, to the prevailing party (should there be one) in any such arbitration.
(C) Waiver of Jury Trial; Individual Basis; Equitable Relief. The parties surrender and waive the right to submit any dispute to a court or jury or to appeal to a higher court. The parties agree to arbitration on an individual basis. Where enforceable, NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SELLERS OR PERSONS, OR ARBITRATE ANY CLAIM AS A CLASS REPRESENTATIVE OR CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS/SELLERS. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
Notwithstanding the foregoing, nothing in these Terms shall prohibit either party from seeking and obtaining from a court of competent jurisdiction (without necessity of posting bond) injunctive relief in order to preserve the status quo and/or avoid irreparable harm for which monetary damages would be insufficient.
(D) Where Held; Language; Governing Law. The place of arbitration shall be the borough of Manhattan, City of New York, NY, USA, and the proceedings shall be conducted in the English language. These Terms shall be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws, and the arbitrator shall follow the law and judicial precedents that a United States District Judge sitting in the Southern District of New York would apply to the dispute.
Any notices shall be given by postal mail addressed to Bubble Goods, Inc., [Address], to the attention of [???] or to the e-mail address provided to Bubble and currently on record. Notice to the User shall be deemed to have been given 24 hours after the e-mail was sent, unless Bubble is notified that the e-mail address is invalid, in which event Bubble may give notice by postal mail at the address provided to Bubble by the User upon registration. Notice given by postal mail shall be deemed to have been given three (3) business days after the date of mailing.
31. GENERAL INFORMATION
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of these Terms and will not affect the validity and enforceability of the rest of these Terms. Failure of Bubble to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to Bubble under these Terms or at law. These Terms represent the entire agreement between you and Bubble and supersede and replace any other agreement between the parties, including, but not limited to, any previous Terms as they may have applied between you and Bubble. Paragraph headings are for convenience only and not for interpretation of these Terms.
32. CONTACT US
To contact us with any questions or concerns in connection with these Terms or the Site, please write to us at: Bubble Goods, Inc., 6 St. Johns Ln., New York, New York 10013 or email us at [email address].