Terms and Conditions
- Acceptance of Orders
- User Conduct
- Sales Tax
- Payment Terms
- Disclaimers and Limitation of Liability
- Termination of Use
- Governing Law
- No Waiver
- Custom Labels
- Gift Certificate Terms and Conditions
- Refunds & Returns
- Returns or Reprints of Personalized Products
- Returns of Reprints of Non-Personalized Products
- Personal information We Collect
- How Do We Use Your Personal Information?
- Sharing Your Personal Information
- Behavioural Advertising
- Do Not Track
- Your Rights
- Data Retention
- Protecting Your Information
- Contact Us
- Review Guidelines
- Name Bubbles Facebook Giveaway Official Rules
- SMS/MMS Terms of Service
Acceptance of Orders
All orders are subject to our acceptance or rejection in whole or in part. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Our sale to you will be solely on the Terms and Conditions set forth herein. They supersede and reject any conflicting terms and conditions of yours, notwithstanding any statement of yours to the contrary.
In using this Website, you agree to not provide copy for your personal labels that is unlawful, threatening, abusive, vulgar, harassing, defamatory, obscene or otherwise objectionable.
Prices listed on our Website are current, but prices may change without notice. We also reserve the right to make corrections in the event of a misprint. We have undertaken reasonable efforts to ensure that the information contained on our Website is accurate; however, we are not responsible for the completeness or accuracy of the information on our Website. In the event of any inaccuracies in our content or pricing, we reserve the right to refuse/cancel any order whether or not the order has been confirmed and/or payment has been made. Payments for such orders shall be refunded.
Name Bubbles collects and remits sales tax as required by state and local laws and regulations. Prices listed on our Website do not include sales tax, which will be added where applicable unless you provide us with a tax exemption certificate acceptable to the appropriate taxing authorities.
All individual purchases must be prepaid by credit card or your PayPal account. You can place your order and pay via credit card or your PayPal account through our online shopping cart.
Orders may also be placed by contacting our Customer Service Department during normal business hours toll-free at 866-797-6263, option 1.
Every Name Bubbles order is created through a unique personalization process. Due to the nature of this customization, your order total will be charged according to your method of payment at the time of purchase.
All label product orders placed on this Website are custom orders and are created to the specifications of the invoice or are subject to product availability and will be shipped according to our shipping policies.
Please refer to our Shipping page for any additional information on processing times, shipping estimates, rates, and policies.
Disclaimers and Limitation of Liability
By using the Name Bubbles Website, you expressly agree that use of the Website is at your sole risk. The Website and all products sold pursuant thereto are provided and sold on an “AS IS” basis. Name Bubbles does not warrant that use of the Website will be uninterrupted or error-free, nor do we warrant the accuracy, integrity or completeness of the content provided on the Website or the products offered for sale on the Website. You agree to bear all of the risks and responsibilities for the use of the Website and any products purchased from Name Bubbles. Further, Name Bubbles makes no representations or warranties that content provided on the Website is applicable to, or appropriate for use in, locations outside of the United States. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NAME BUBBLES SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE AND ALL PRODUCTS SOLD PURSUANT THERETO. No oral advice or written information given by Name Bubbles shall create a warranty.
Under no circumstances shall Name Bubbles be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Website or your use of any products purchased from us, including but not limited to, reliance by you on any information obtained from the Website. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if Name Bubbles has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content and products available through Name Bubbles’ Website, and is a fundamental part of the basis of Name Bubbles’ bargain with you, and Name Bubbles would not accept any order from you absent such limitation.
You agree to indemnify and hold Name Bubbles, its employees, and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Name Bubbles arising out of your use of this Website and your use of any products purchased from Name Bubbles.
Termination of Use
Name Bubbles may, in its sole discretion, terminate your account or your use of the Name Bubbles Website at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. Name Bubbles reserves the right to change, suspend or discontinue all or any aspects of its Website without prior notice.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by a court of competent jurisdiction, then such term shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions and all performances and claims of every nature between you and Name Bubbles shall be governed by and construed in accordance with the laws of the State of New York, without regard to any conflict of laws principles that would result in the application of the law of a different jurisdiction. You hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located within Saratoga County, New York.
The failure of any party to exercise or enforce any right or provision of these Terms and Conditions, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches.
Gift Certificate Terms and Conditions
Gift Certificates can only be redeemed online via Name Bubbles’ Website, www.NameBubbles.com, toward the purchase of Name Bubbles merchandise and may not be used to purchase further Gift Certificates. They cannot be refunded, resold, transferred for value, redeemed for cash and are non-negotiable instruments.
Special offers, promotions, and discounts do not apply to gift certificate purchases.
The risk of loss and title for Gift Certificates passes to the purchaser upon our electronic transmission to the recipient. Name Bubbles is not responsible for lost or stolen Gift Certificates.
All gift certificate purchases and their use are subject to Name Bubbles Terms and Conditions of Sale.
Refunds & Returns
If for any reason you are dissatisfied with your Name Bubbles purchase, we encourage you to contact Customer Service toll-free at (866) 797-6263, option 1 or firstname.lastname@example.org within 45 days of your purchase date.
It is important that you review all personalization options when placing your order by checking your product preview and verifying your shopping cart details. Be sure that all names are spelled correctly and all contact information, where applicable, is valid. The Name Bubbles Team prints information exactly as it appears on your order invoice; therefore, if you notice an error of any kind after order submission or your order arrives differently than what is shown on your invoice please contact Customer Service immediately.
Returns or Reprints of Personalized Products
Please contact our Customer Service Team within 45 days of the purchase date and return unused items along with a note including your Order ID. We would be happy to arrange an exchange or provide a full/partial refund for your order.
Returns of Reprints of Non-Personalized Products
Items that are not personalized can also be returned or exchanged within 45 days of the purchase date. Please send the unused items along with a note including your Order I.D. to our Customer Service Team. Once the item(s) have been received by us, you will receive an email confirmation with your exchange or refund details.
Refunds will be processed as a credit of the total of your entire order to the account details used at the time of purchase. The refund time frame will depend on your method of payment. Partial refunds will include a credit for the item price (less any discounts) plus the appropriate tax.
If you would like to return your order, please contact us to share your concerns and return the unused labels to Name Bubbles at:
Name Bubbles, LLC
ATTN: Customer Service
33 Science Street
Ballston Spa, NY 12020
Once your returned order has been received, our Customer Service Team will process the refund (less any shipping fees) to the account details used at the time of purchase.
We strive to provide the best product and customer service possible. We want you to love your Name Bubbles products as much as we loved making them!
Cancellations will be accepted within 24 hours from the purchase date. If you would like to cancel your order, please send an email to email@example.com or call our Customer Service Team toll free at (866) 797-6263, option 1.
Personal information We Collect
When you visit the Website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Website, and information about how you interact with the Website. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Website.
Additionally when you make a purchase or attempt to make a purchase through the Website, we collect certain information from you, including your name, billing address, shipping address, payment method – to process your order, email address, and phone number. We refer to this information as “Order Information”.
How Do We Use Your Personal Information?
We use the Order Information that we collect generally to fulfill any orders placed through the Website (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Website (for example, by generating analytics about how our customers browse and interact with the Website, and to assess the success of our marketing and advertising campaigns).
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address, and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products, and other updates.
Text marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.
Sharing Your Personal Information
Neither your name nor anything personal about you is sold or shared with any non-affiliated company or agency. However, as described in greater detail below, we may share your information under certain circumstances with businesses we work with to help our Website function better and to deliver our products to you.
We use the services of a few carefully selected companies to help manage and optimize our internet business and communications. These companies help us measure the effectiveness of our online advertising and better understand how visitors use our Website. To do this, we and some of our third-party service providers may use “cookies” that are placed on our Website and in our email communications. Cookies are small files that a website or its service provider transfer to user computer hard drives through a web browser to track information about users. Cookies make the interaction between users and websites faster and easier. Without cookies, it would be very difficult for a website to remember the user's preferences or registration details for a future visit or to allow a visitor to return to a filled shopping basket if they did not finish their purchasing process.
We also use Google Analytics to help us understand how our customers use the Website -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/.
You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Do Not Track
Please note that we do not alter our Website’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Website), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Website, we will maintain your Order Information for our records unless and until you ask us to delete this information.
Protecting Your Information
We use various safeguards and security measures to help us protect the security, integrity, and confidentiality of data stored on our system. For example, Name Bubbles uses a trusted internet credit card processing company to provide a secure shopping environment. By choosing a leader in the e-commerce industry and having firewalls to protect our servers and network, the Name Bubbles team has instituted safeguards to protect the security of your personal information as it is transmitted to us. Unfortunately, no collection or transmission of information over the internet can be guaranteed to be 100% secure, and therefore, we cannot ensure or warrant the security of any such information
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at firstname.lastname@example.org or by mail using the details provided below:
[Re: Privacy Compliance Officer]
33 Science Street Ballston Spa, New York US 12020
When you use a registered account on NameBubbles.com, each product you purchase is available for your review! The Name Bubbles team strives to ensure our customers are satisfied with their purchase, and your feedback is most welcome and greatly appreciated.
To submit a review, please follow the guidelines below:
-The reviewer must be over the age of 13.
-Reviews must be written in English with the total content limited to 250 words or less. -Please be descriptive about features of the product or your experience with it for the benefit of new customers. Basically, how did you use your labels and how did they work?
-Video reviews will not be accepted.
Review content SHOULD NOT contain any of the following:
-Personal information, other than an identifier name and general location (e.g. email addresses, URLs, phone numbers, physical addresses or other forms of contact information)
-Profanity, obscenities, or vulgarities
-Defamatory, blasphemous, or racist comments
-Advertisements, links or promotional material for other products, blogs or websites
-Comments by or on behalf of a person, company or website with a directly competing product
-Remarks directed at other reviewers
-Content not specific to the item being reviewed
In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a product review. Instead, contact us directly.
By submitting a review, you grant Namebubbles.com the irrevocable right and license to use the review at their discretion. Namebubbles.com reserves the right not to post any review -- particularly those that do not follow these guidelines. Namebubbles.com also reserves the right to remove any review at any time without notice. For more information or questions about writing or submitting a customer review, please e-mail us at email@example.com.
Name Bubbles Facebook Giveaway Official Rules
No purchase necessary to enter or win. A purchase or payment of any kind will not increase your chances of winning.
- Eligibility: The Name Bubbles Facebook Giveaway (the Promotion) is open only to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older and located in the U.S. at the time of entry. Employees of Name Bubbles, LLC, (Sponsor) and their respective subsidiaries, affiliates, promotion and advertising agencies and members of their immediate family (spouse, parent, sibling or child and their respective spouses, regardless of where they reside) and persons living in the same household of such employees, whether or not related, are not eligible to enter. Void elsewhere and where prohibited by law.
- Mandatory Facebook Disclosure: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Sponsor and not to Facebook.
- Promotion Period: The Promotion is an ongoing Promotion, with a new Period beginning every other Sunday at 12:00:01 a.m. Eastern Time ("EST") and ending at 11:59:59 p.m. EST on the Saturday of the following week (the "Promotion Period"). Name Bubbles reserves the right to end this promotion at any time without warning.
- How to Enter: To enter the Promotion, access the NameBubbles Facebook fan page Website at www.facebook.com/NameBubbles (the "Website") during the Promotion Period and click on the Contest Giveaway tab and follow all instructions to fully and accurately complete the entry form and be entered in the applicable Promotion. When the Facebook permissions box opens, you must click “yes” to allow the application to access your information described in the box. A separate form page will appear where you will be required to input your name and e-mail address to complete your entry in the Sweepstakes. You will not be automatically entered into the Sweepstakes by only clicking on the “Like” button. The order of these steps may vary. Multiple entries into the contest is permissible, but picking the winner is completely up to Sponsor’s discretion. By selecting a particular newsletter checkbox you will automatically subscribed unless unchecked. Only one prize per Promotion period. Only one prize will be awarded per person and/or e-mail account. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the person in whose name the e-mail account governing the e-mail address was opened. Sponsor is not responsible for late, incomplete, void, corrupted, garbled, misdirected, or otherwise unintelligible Entries and for any problems, bugs or malfunctions Entrants may encounter when submitting their entry. Incomplete, garbled, corrupted or otherwise illegible entries are void and will not be accepted. Sponsor reserves the right to disqualify false entries or entries suspected of being false and to disqualify any Entrant it finds to be tampering with the entry process or the operation of the Sweepstakes or violating these Official Rules.
- Refer-A-Friend: Once you have completed the entry process, you will be given a Facebook Share link (“F-Share”) you may use to post to your wall. If an eligible entrant uses your F-Share link to enter the Sweepstakes and he or she wins a prize in accordance with these Official Rules.
- Prizes, Approximate Retail Value (ARV) & Odds Every other week, one (1) Winner will receive a fifty-dollar ($50.00) Name Bubbles gift certificate. The approximate retail value (ARV) of each prize is $50.00 Prizes are awarded as-is, with no warranty or guarantee of any kind either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Sponsor is not liable for any direct, indirect, special, incidental, punitive or consequential loss or damage of any kind arising from or related to the prize or use of the prize. Prizes are not transferable. No substitution of prize for cash or other goods and services is permitted, except Sponsor reserves the right to provide a substitute prize of approximately equal or greater value. All expenses not specified above, including, without limitation, all federal, state, and local taxes are the sole responsibility of the individual winner. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. All federal, state and local taxes, and all other costs associated with acceptance or use of the prizes, are the sole responsibility of the winner. Arrangements for delivery of prizes will be performed after winner validation. LIMIT ONE (1) PRIZE PER PERSON/E-MAIL ADDRESS/FACEBOOK ACCOUNT/HOUSEHOLD. Odds of winning any prize depend on the number of entries received. At the Sponsor’s discretion, unclaimed prizes may not be awarded.
- General Rules: All federal, state and local laws apply. Winners will be notified by e-mail, mail or telephone. Potential winners (or potential winners' parent or legal guardian if potential winner is a minor) may be required to sign and return an Affidavit of Eligibility and Release of Liability and a Publicity Release within ten (10) days of attempted delivery or prize will be forfeited. The return of any prize/prize notification as undeliverable, providing any false or misleading information, or failure to respond to notices or return any documents in a timely manner, as determined by the Sponsor, may result in disqualification and an alternate winner may be chosen. By participating, participants agree to release, discharge and hold harmless Promotion Parties from and against any and all liability or damages associated with this Promotion or acceptance, use or misuse of any prize received in this Promotion. Promotion Parties are not responsible for any typographical or other error in the printing of the offer or administration of the Promotion. Acceptance of prize constitutes permission for the Sponsor and its agencies to use winners' names and likenesses for purposes of advertising and publicity without further compensation, unless prohibited by law. By participating in this Promotion, participants agree to be bound by these Official Rules and decisions of the independent Sponsor, which shall be final in all matters relating to the Promotion. Promotion Parties are not responsible for lost, late, misdirected, stolen, illegible, inaccurate, damaged, incomplete, non-delivered or postage-due mail; or for printing, distribution or production errors or for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Promotion, or by any human, or other error, which may occur in this Promotion. If, in the Sponsor's sole opinion, there is any suspected or actual evidence of tampering with any portion of the Promotion or Website or if technical difficulties compromise the integrity of the Promotion, the Sponsor reserves the right to void suspect entries and/or modify and/or terminate the Promotion and/or conduct a random drawing to award the prizes using all known eligible non-suspect entries received. The Sponsor reserves the right to disqualify any individual who tampers with the Promotion or Website or acts in a disruptive manner. In the event of a dispute regarding the identity of the person submitting an Entry, Entry will be declared made by the person's name submitted at time of entry. In the event of a dispute over the identity of the entrant, the registered owner of the established e-mail account used to submit the entry (or other type of account such as mobile phone number, social media site account, etc., if e-mail is not the method of submitting entries or of identifying entrants) shall be deemed the entrant for purposes of the promotion.
- Choice of Law and Jurisdiction: This Promotion is offered only in the United States and is governed by the laws of the State of New York. By entering, entrants irrevocably consent to the sole and exclusive jurisdiction of the courts of the State of New York located in the county of Saratoga for any action, suit or proceeding arising out of or relating to this Promotion.
- Waiver: By participating in this Promotion, participant waives all rights to claim punitive, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred to participate.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
- User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
- 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 acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Name Bubbles and its service providers will have no liability for failing to honor such requests. 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.
- Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of name labels and stickers. Messages may include checkout reminders.
- Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
- Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
- MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
- Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are 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 or 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 Inc. 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 Ballston Spa, NY 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 Name Bubbles, LLC’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 THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class 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.
- Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
- 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.
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