TERMS OF SERVICE

Effective Date: September 12, 2019

Bumble & Spark, LLC, DBA Bumble + Spark, (“we,” “us,” “our”) provides the content and goods available on the website located at www.bumbleandspark.com (the “Site”), including all information, tools, and goods available on the Site, to you conditioned upon your acceptance of all terms, conditions, policies, and notices stated in this Terms of Service. These Terms of Service expressly incorporate the Bumble + Spark’s Privacy Notice (“Privacy Notice”), our Shipping and Returns Policy, the contest rules applicable to the promotions (“Contest Rules”) and any and all other terms, conditions and policies which you may find throughout the Site in connection with certain functionality, features and promotions, as well as customer service, all of which are deemed a part of and included within these terms of service (collectively, the “Agreement”).

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms,” “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

You acknowledge and understand that the Products (and associated Content) have not been evaluated by the US Food & Drug Administration (“FDA”). The Products, Content and other material made available by and through the Site Offerings: (a) are not intended to diagnose, treat, cure or prevent any medical condition or disease; (b) are not in any way intended as medical advice or as a substitute for medical advice and/or medical treatment; and (c) should only be used in conjunction with the guidance and care of your physician. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with any other Site Offerings.

Without limiting the foregoing, those who are taking medication or are under treatment for any disease, or are pregnant or lactating, please consult with your health care professional before utilizing any Products.

The Products may include ingredients that you are allergic to. You should always check the ingredients in any Product to avoid potential allergic reactions. If you have or suspect that you are experiencing an allergic reaction or other adverse health event, promptly contact your health care provider.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1- LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU AGREE THAT IN NO CASE SHALL BUMBLE + SPARK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY OTHER DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE (EVEN IF BUMBLE + SPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED TO: (a) YOUR USE OF, OR INABILITY TO USE, THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (c) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (d) YOUR FAILURE TO REALIZE ANY SPECIFIC HEALTH-RELATED BENEFIT; AND/OR (e) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. IF YOU ARE DISSATISFIED WITH THE SITE OFFERINGS, TERMINATION OF YOUR USE OF THE SITE OFFERINGS IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BUMBLE + SPARK. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

SECTION 2 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bumble + Spark and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 3 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 4- INTELLECTUAL PROPERTY RIGHTS

The Sites and all of its content is subject to copyright. You shall ensure it is used solely for your research, reference, or purchasing purposes and may not copy, reproduce, or commercially exploit any or all of it.

SECTION 5 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not 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 for any harm or damages related to 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 policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 6- ONLINE STORE TERMS

The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Site Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in the applicable jurisdiction). If an individual is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in the applicable jurisdiction), that individual does not have permission to use and/or access the Site Offerings.

Users shall be responsible, at all times, for ensuring that they have an Internet connection, personal computer, mobile device, wireless service plan and/or other equipment necessary to access and use the Site and other Site Offerings, as applicable. Bumble + Spark does not guarantee that the Site and other Site Offerings can be accessed: (a) on all computers and/or mobile devices; (b) through all Internet/wireless service plans; and/or (c) in all geographical areas. Bumble + Spark does not guarantee the quality, speed or availability of your computer and/or mobile device’s Internet connection. Standard messaging, data and wireless access fees may apply to your use of the Site and other Site Offerings. You are fully responsible for all such charges, and Bumble + Spark has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier. By accessing or using the Site, you agree not to use our Products and/or any Site Offerings for any illegal or unauthorized purpose and/or in violation of any laws in your jurisdiction (including, but not limited to, trademark and copyright laws). You further agree not to transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the terms of the Agreement will result in an immediate termination of your right to use the Site Offerings.

SECTION 7 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. 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. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 8 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 9 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 10 – PRODUCTS OR SERVICES

When you purchase Products, the credit card that you provided on the Form will be charged the amount listed, plus applicable sales tax. UNLESS OTHERWISE INDICATED TO THE CONTRARY, ALL SALES OF PRODUCTS ARE FINAL AND NON-REFUNDABLE. See our Return Policy for details. Prices for our Products are subject to change without notice. We reserve the right to discontinue or modify any of our Products at any time.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 11 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.

SECTION 12 – SOCIAL MEDIA PAGES

The Site contains links to the various Bumble + Spark Media Pages. The Social Media Pages are hosted and made available on third-party websites (“Social Media Websites”) by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Bumble + Spark shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.

SECTION 13 – PROMOTIONS

From time-to-time, Bumble + Spark may make certain Promotions available to users. By providing true and accurate information in connection with the applicable Promotion Form(s), responding to Promotions-related communications from Bumble + Spark and/or the applicable third-party retail partner and agreeing to the Contest Rules applicable to each Promotion, you can obtain, or attempt to obtain, entry(ies) for the chance to win prizes in the applicable Promotion(s). You understand and agree that Bumble + Spark shall not be liable to any user or any third-party for any claim in connection with your participation in any of the Promotions.

SECTION 14 – YOUR ACCOUNT

When you register for an account on the site, you will be asked to provide a username and password (collectively, “Log-In”). You are responsible for maintaining the confidentiality of your account and Log-In, and for restricting access to your computer and/or mobile device. If there has been an unauthorized use of your Log-In or account, you must notify us immediately. You agree to accept sole responsibility for all activities that occur either: (a) with your permission or authorization under your account and/or Log-In; and/or (b) because you fail to maintain sufficient security over your account and/or Log-In, including any purchases made therethrough. Bumble + Spark shall not be liable for any losses or damages suffered by any party caused by an unauthorized access to or use of your account. Notwithstanding the foregoing, you may be liable for the losses of Bumble + Spark and/or others due to such unauthorized access and/or use. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person to all of the terms and conditions of the Agreement, and to the extent you do not have such authority, you agree to be bound to the Agreement and to accept liability for harm caused by any wrongful use of the Site Offerings and/or Proprietary Content resulting from such access and/or use. You may cancel your online account with us at any time.

We reserve the right to refuse service, refuse any order placed with us, and/or terminate accounts without prior notice if you violate the Agreement or if we decide, in our sole discretion, that it would be in our best interest to do so.

SECTION 15 – CONSENT TO RECEIVE NOTICES ELECTRONICALLY

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) associated with the Agreement from us electronically including, without limitation, by e-mail or by posting notices on the Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at and discontinue your use of the Site Offerings (other than the Promotions which you may continue to participate in). In such event, all rights granted to you pursuant to the Agreement shall automatically terminate (other than your right to participate in any applicable Promotions). Unfortunately, we cannot provide the benefits of the Site Offerings (other than the Promotions) to any user that cannot consent to the receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election that you may make with respect to receipt of marketing communications.

SECTION 16 – 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 site 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). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 17 – USER COMMENTS, 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, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments 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 comments 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 Service 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 18 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – PRIVACY

Your submission of personal information through the Site is governed by our Privacy Notice. By using the Site you agree to our Privacy Notice.

SECTION 21 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 22 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 23 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 24 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Vermont, USA. Any action, lawsuit, litigation or claim arising out of a service or product provided by Bumble + Spark, or, arising out of the interpretation or enforcement of these Terms of Service shall be filed with the Court of Windham County, Vermont, and in no other court or jurisdiction.

SECTION 25 – CONTACT INFORMATION

If you have questions about the Terms of Service please email us at , or write us at PO Box 64, Putney, VT 05346.