Date of last revision: September, 2020
This Website is owned and operated by Bubbly Brands, LLC, a Florida company. Bubbly Brands offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 13 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 13 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
Bubbly Brands reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://bubblybelle.com/pages/terms-and-conditions. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
Table of Contents:
SECTION 1 – GENERAL CONDITIONS
Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – BUBBLY BRANDS’ LIMITATION OF LIABILITY
IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, BUBBLY BRANDS IS FOUND LIABLE UNDER ANY THEORY, BUBBLY BRANDS’ LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. This limitation of liability shall apply for all CLAIMS, regardless of whether BUBBLY BRANDS was aware of or advised in advance of the possibility of damages or such CLAIMS. Some STATES do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You AND YOU MAY HAVE ADDITIONAL RIGHTS. Notwithstanding anything in these terms to the contrary, this limitation of liability does not apply TO CONSUMERS in New Jersey.
SECTION 4 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Bubbly Brands both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Bubbly Brands will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Miami, Florida: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Bubbly Brands for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Miami, Florida, and forever waive any challenge to said courts’ jurisdiction and venue.
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to 382 NE 191st St #67959 Miami, Florida 33179-3899. Bubbly Brands will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Bubbly Brands or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below.
You and Bubbly Brands agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and Bubbly Brands agree.
We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration.
For your convenience, Bubbly Brands will pay all of the filing costs for the arbitration, including the fees charged by the arbitrator. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including permanent injunctions and punitive damages, so long as they are in accordance with applicable law and not otherwise excluded by these Terms. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your account or relationship with Bubbly Brands, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Bubbly Brands and shall not be modified except in writing by Bubbly Brands.
Bubbly Brands reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Bubbly Brands product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Bubbly Brands will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Bubbly Brands product, is affirmation of your consent to such material changes.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.
You have THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN thirty (30) days from the date that you PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THIS WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO BUBBLY BRANDS AT 382 NE 191st STREET #67959 MIAMI, FLORIDA 33179-3899. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PUCRHASED, USED OR ATTMPETED TO USE THE PRODUCT. If more than thirty (30) days have passed, you are not eligible to opt out of THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
SECTION 5 - BUBBLY BRANDS’ REMEDIES
In order to prevent or limit irreparable injury to Bubbly Brands, in the event of any breach or threatened breach by you of the provisions of the parties’ Agreement, Bubbly Brands shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Bubbly Brands from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
SECTION 6 - COMMUNICATING WITH BUBBLY BRANDS
You understand that all telephone calls, live chats and other communications such as personal messaging or social media posts to or from Bubbly Brands may be monitored and recorded and you consent to such monitoring and recording.
You verify that any contact information provided to Bubbly Brands is true and accurate. You further verify that you are the account subscriber or that you own or are an authorized user of any telephone numbers, email addresses, etc. that you provide to Bubbly Brands and that by voluntarily providing your contact information to Bubbly Brands, you agree to be contacted at the telephone numbers or at any other contact method you provide.
You consent to receive e-mails, pre-recorded voice messages or autodialed calls (including text messages) to the phone number(s) provided by you at the time of purchase (including any cell phone numbers) by or on behalf of Bubbly Brands relating to this Agreement, any purchase or transaction with Bubbly Brands, your account (including debt collection), promotions regarding and advertisements for Bubbly Brands products, customer satisfaction surveys, and product inquiries. You agree to receipt of such communications made by or on behalf of Bubbly Brands even if your phone number is registered on a state or federal Do Not Call list. You acknowledge that you may incur a charge for these communications by your telephone or internet carrier and that Bubbly Brands will not be responsible for these charges. Your consent to this communications provision is not required to make any purchase with Bubbly Brands.
You agree to provide Bubbly Brands notice within 30 days of any change to your contact information by e-mailing to Bubbly Brands at firstname.lastname@example.org or writing to 382 NE 191st St #67959 Miami, Florida 33179-3899.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Website may include materials from third-parties.
Third-party links on this Website may direct you to third-party websites over which we have no control. These links are provided for the user’s convenience and should not be viewed to be an endorsement by Bubbly Brands of that third party’s site’s content, product or services. Bubbly Brands has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on any website that links to or from any Bubbly Brands’ Website. You acknowledge that Bubbly Brands is not responsible for examining or evaluating the content or accuracy of any third-party websites, and that Bubbly Brands does not warrant nor have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable, directly or indirectly, for any harm, loss or damages caused or alleged to be caused by the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s terms and conditions, policies and practices and make sure you understand them before you engage in any transaction. In the event you decide to access or use any of these other websites or resources, you agree you do so at your own risk. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER CONTENT, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any content that you forward to us. This also pertains to all Bubbly Belle Influencers who opt in to receive free product for their own content creation. We are and shall be under no obligation (1) to maintain any content in confidence; (2) to pay compensation for any content; or (3) to respond to any content.
By posting or submitting your content you grant Bubbly Brands a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable and transferable right to use, reproduce, modify, adapt, publish, translate, perform, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Bubbly Brands is free to use any ideas, concepts or know-how contained in your content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products that use such information.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You represent and agree that your content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any content. You are solely responsible for any content you submit and its accuracy. We expressly disclaim responsibility and liability for any content posted by you or any third-party.
SECTION 10 - INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Bubbly Brands and all of its officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, parent companies, subsidiaries, and affiliates from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with or related to (1) your use, misuse or inability to use the Website, (2) information you submit or transmit through the Website; or (3) your breach of these Terms, the documents they incorporate by reference, or the Agreement, or your violation of any law or the rights of a third-party.
SECTION 11 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 12 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “COMPLETE ORDER,” ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, complete a purchase, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using this Website, whichever is earliest.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination or suspension. You further agree that Bubbly Brands shall not be liable to you or to any third party for the consequences of such termination or suspension. Your rights under this Agreement will terminate automatically if you fail to comply with this Agreement, subject to the survival of rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the Website in your possession. Sections 10 through 15 and 17 through 27 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Bubbly Brands.
SECTION 13 - ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on this Website or in respect to the Website constitutes the entire agreement and understanding between you and Bubbly Brands and governs your access and use of the Website and your ordering, purchasing and use and/or attempted use of any product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications and proposals, whether oral or written, between you and Bubbly Brands.
We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on this Website.
Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 14 – NO WAIVER
No failure or delay on the part of Bubbly Brands in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Bubbly Brands.
SECTION 15 - GOVERNING LAW
SECTION 16 – FORCE MAJEURE
Bubbly Brands shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Bubbly Brands’ performance.
SECTION 17 - ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with any Bubbly Brands company through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You further acknowledge and agree that by clicking on a button labeled “COMPLETE ORDER,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” , “SUBMIT RSVP” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
SECTION 18 - CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at https://bubblybelle.com/pages/terms-and-conditions.
We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes. Unless accepted by Bubbly Brands in writing, these terms and conditions may not be amended by you.
SECTION 19 - CONTACT INFORMATION
If you have any questions, please e-mail us at email@example.com.