Terms of Use

Acceptance and Modification of the Terms of Use. Your access and use of any website, mobile site, Facebook site, Twitter page, Instagram platform or other social media channel owned and/or operated by The Bombchel Factory (“The Bombchel Factory”, “we”, “us” or “our”), which includes The Bombchel Factory’s affiliated companies, now or in the future (collectively and individually, the "Site”) are governed by these terms of use (the “Terms of Use”). By accessing, browsing and/or using our Site you acknowledge that you have read, understood and accepted, without reservation, these Terms of Use, as modified from time to time by us.
 If you do not agree to these Terms of Use, do not use the Site.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time.  If we decide to modify our Terms of Use, we will post a new version on the Site.  It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you should leave the Site and cease all use of the Site.  Your continued use of the Site signifies that you agree to be bound by these Terms of Use as they are amended.  

 

Copyright and Intellectual Property. The content of our Site and namely but not exclusively the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the exclusive property of and owned by The Bombchel Factory or its affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.

Except as expressly provided in Section 3 hereinafter, nothing contained on our Site shall be interpreted or construed as granting you a license or a right to use any such content of our Site.  

All of the content made available through the Site, including, but not limited to, all text and images (“Content”), and all software used to make the Site available are and shall remain the property of The Bombchel Factory and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. From time to time The Bombchel Factory may permit you to download and view one (1) copy of selected Content on the Site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by The Bombchel Factory to access and use the Site and provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized here and otherwise in writing in advance by The Bombchel Factory, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Services, all or any part of the Site, or any Content made available through the Site. 

Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of The Bombchel Factory or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. The trade names, trademarks and service marks owned by The Bombchel Factory, whether registered or unregistered, may not be used in connection with any product or service that is not The Bombchel Factory's. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of The Bombchel Factory's trade names, trademarks or service marks without our express prior written consent. The Bombchel Factory will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.

Use of the Site.
You may access, copy, download or print the content of our Site solely for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary rights notice contained in any information or other material you access, copy, download or print. Any other use of content on the Site, including but not limited to the reproduction, modification, distribution, transmission, or broadcast of the content of the Site, in whole or in part and by any means, is strictly prohibited.  The Bombchel Factory or its licensors or content providers retain full and complete title to the content provided on the site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in The Bombchel Factory's sole discretion.  The Bombchel Factory neither warrants nor represents that your use of any content displayed on the Site will not infringe rights of third parties.  You acknowledge that you do not acquire any ownership rights by accessing, copying, downloading or printing any content made available on or accessed through the Site.  You hereby covenant and agree that your use of the Site and any permitted use of such content shall not infringe any rights of any third parties.   

 

Username/Password. As you may be required to make an account on the site in order to access certain pages and features, you may be required to be at least eighteen (18) years old and create a username and password. In such event, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password.  By registering, you may agree to receive communications and promotional materials from The Bombchel Factory and its affiliated entities.

 

 

Information Deemed Non-Confidential.
You acknowledge that you are responsible for any material you may submit via the Site or otherwise through the internet to The Bombchel Factory, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site or otherwise communicate to The Bombchel Factory through the internet any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.

 

If you do submit material, and unless we indicate otherwise, you grant The Bombchel Factory and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that The Bombchel Factory is free to use any ideas, concepts, and know-how that you or individuals acting on your behalf provide to The Bombchel Factory. You grant The Bombchel Factory and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via the Site will be handled in accordance with the site's online Privacy Policy (INSERT LINK TO PRIVACY POLICY PAGE).  You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify The Bombchel Factory for all claims resulting from content you supply.

 

If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place The Bombchel Factory under any fiduciary or other obligation.

 

 Rules for Using the Site. You agree to follow the conduct rules listed below:

 

You will not knowingly provide or post any false, misleading, or fraudulent information.

You will not use the Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.

All information provided or posted by you will not violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party.

Information provided or posted by you will not violate the trade secret rights of any third party.

Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.

You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site.

You will not interfere or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.

You will not use the Site to transmit any spyware, virus or similar destructive program or code.

You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.

You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.

 

Site Access. We may discontinue all or part of the Site at any time, in our sole discretion. The Bombchel Factory may block or limit your access to the Site, with or without notice to you, and without liability to you, if: (a) you violate these Terms of Use; (b) you violate any applicable law or regulation relating to your use of the Site; (c) you engage in any conduct which The Bombchel Factory, in its sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to The Bombchel Factory or others.  To ensure that we provide a high quality experience for you and for other users of the Site, you agree that we and/or our representatives may access and/or review information provided when you comment on the Site on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. 

 

Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.  

 

Minors and Children. The Site may not be suitable for minors.  Minors and children (persons under the age of 18) are encouraged not to use the Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using the Site unsupervised, and/or by registering for an account, you warrant that you are 18 years of age or older. 

 

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that The Bombchel Factory does not endorse any of the products or services identified on such sites.

 

Change of Information, Availability of Products / Services. The products displayed on the Site may be available on our Site for purchase, and may also be available in select third party retail locations. The products and prices displayed on the Site are subject to change at any time with or without notice. The prices or items in any particular third party store may be different from those appearing on the Site, and the in-store information and availability controls over any conflicting information at the Site. Your placement of an order through the Site constitutes your offer to purchase the items selected by you. The Bombchel Factory may accept or reject your offer, and your offer is not accepted by The Bombchel Factory until The Bombchel Factory ships your order. 

 

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. The Bombchel Factory makes no guarantee that information on the Site is error-free, complete or current.  The Bombchel Factory reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, The Bombchel Factory may decline your offer or The Bombchel Factory may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information. 

 

In connection with placing an order, you may be asked by The Bombchel Factory or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide The Bombchel Factory or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes. 

 

Links.
As a service to our visitors, our Site may contain hypertext links leading to other websites that are not operated or controlled by The Bombchel Factory.  However, even if such third parties are affiliated with The Bombchel Factory, The Bombchel Factory has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of The Bombchel Factory. The Bombchel Factory is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.

 

Disclaimer of Warranties.
YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME THE RISK OF AND ALL DAMAGES OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE SITE.  WITHOUT PREJUDICE TO SECTION 12 HEREINAFTER, ANY AND ALL MATERIAL, INFORMATION AND ALL OTHER CONTENT ON THE SITE ARE FURNISHED TO YOU “AS IS” AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, The Bombchel Factory EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.     

 

The Bombchel Factory DOES NOT GUARANTEE THAT THE SITE OR ITS CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, MEET YOUR REQUIREMENTS OR WILL NOT BE INTERRUPTED, TIMELY, SECURE OR FREE OF ERROR.
 YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SITE IS TO REFRAIN FROM USING THE SITE.

 

SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

Any advice or information, be it oral or written, obtained from The Bombchel Factory or during the use of services made available on the Site, shall not give rise to any guarantees which are not expressly provided for in these Terms of Use.

 

Limitation of Liability.
YOU RECOGNIZE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The Bombchel Factory, ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, LICENSORS, AGENTS OR ANY OTHER THIRD PARTIES MENTIONED ON THE SITE OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY The Bombchel Factory), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE, THE SITE OR ITS CONTENT.

 

ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR SITE ARE AT YOUR OWN RISK AND PERIL.

The Bombchel Factory ASSUMES NO LIABILITY FOR ANY DAMAGE OR VIRUS WHICH COULD AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BY REASON OF YOUR ACCESS TO, USE OR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR FOR ANY ILLEGAL INTRUSION OR INTERVENTION IN THE IT SYSTEMS.

 

The Bombchel Factory RESERVES THE RIGHT TO INTERRUPT OR DISCONTINUE ANY OR ALL OF THE FUNCTIONALITY OF ITS SITE. The Bombchel Factory ACCEPTS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY INTERRUPTION OR DISCONTINUANCE OF ANY OR ALL FUNCTIONALITY OF THE SITE RESULTING FROM ACTIONS OR OMISSIONS OF The Bombchel Factory OR ANY THIRD PARTY.

 

Indemnification. You agree to defend, indemnify and hold harmless The Bombchel Factory and its directors, officers, employees, consultants, representatives, and agents from and against any and all claims, losses, liability, damages, costs and/or expenses (including reasonable attorney fees and costs) arising from and related to: your use of the Site; any material you transmit using the Site; or your violation, breach or alleged violation or breach of these Terms of Use.

 

Miscellaneous.
Unless otherwise specified, the Site and the Content thereof are displayed solely for the purpose of promoting The Bombchel Factory products, services, and company. These Terms of Use shall be construed in accordance with the laws of Delaware, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of Gwinnett County, Georgia. By using the Site, you agree and submit to the personal jurisdiction and venue of such courts. 

 

You agree that in the event you have or may have any alleged claim against The Bombchel Factory or any of The Bombchel Factory vendors, contractors, licensees, or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Use and that you are not eligible to receive, and shall not seek, attorney’s fees in relation to any claim you have or may have against The Bombchel Factory or its vendors or licensors. 

 

These Terms of Use embody the entire agreement concluded between The Bombchel Factory and yourself concerning the access and the use of the Site and its content. Any other terms or conditions issued by The Bombchel Factory and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.

 

The fact that The Bombchel Factory tolerates a violation by yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.

 

In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms of Use maintaining full force and effect between yourself and The Bombchel Factory.

 

The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.

 

Termination. The Terms of Use shall remain effective until terminated as outlined herein. You agree that The Bombchel Factory in its sole discretion may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any content within the Site, at any time and for any reason.  In such event and with respect to any use of the Site on a mobile device, you must immediately remove the Site from your mobile device, including all component parts.  You agree that any actions taken under this Section may be effective without prior notice to you. 

 

Rules for Sweepstakes, Contests, Challenges, Activities, Surveys, and Similar Promotions. Any sweepstakes, contests, challenges, activities, surveys, or similar promotions made available through the Site may be governed by specific rules that are separate from these Terms of Use. By participating in any such sweepstake, contest, challenge, activity, survey, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. The Bombchel Factory urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities.

 

Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to The Bombchel Factory a written notice by mail, e-mail or fax, requesting that The Bombchel Factory remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to The Bombchel Factory a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. 

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS:

The Bombchel Factory (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

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 shopbombchel@gmail.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

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 Atlanta, Georgia 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 The Bombchel Factory’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.

 

The Bombchel Factory 2016. All rights reserved.