BUMPY'S NATURAL AND ORGANIC SERVICE TERMS
Effective: January 2019
Bumpy's Natural and Organic Foods, Inc. (with its affiliates, “Bumpy's Bargains,” “we,” “our,” or “us”) distributes and sells products, provides products and services to you when you visit or shop on our websites or at our stores, use our mobile applications, or use software we provide in connection with any of the foregoing (collectively, the “Service”). These Service Terms and the Conditions of Use (together as they may be changed over time, the “Terms”) govern your use of the Service of Bumpy's Natural and Organic Foods.
By using the Service you accept the Terms, so read them all carefully. If you do not agree, do not use the Service and uninstall our applications.
In some instances, both the Terms and separate terms will apply to your use of the Service (“Additional Terms”), and will become part of the Terms. To the extent there is a conflict between Additional Terms and any other Terms, the Additional Terms will control unless they expressly state otherwise.
Diet and Health Release
Because some of the information on the Service may relate to modifications to your diet, you agree to use your good judgment and reasonable care, including seeking counsel from your healthcare providers, prior to making any changes to your diet or lifestyle. No information on the Service is intended as medical or healthcare information or advice. Please consult your healthcare professional(s) regarding all matters related to your diet and health, including without limitation herbal and nutritional products. You agree not to rely on any information on the Service to make health-related decisions.
Notice and Procedure for Making Claims of Intellectual Property Infringement
If you believe that your intellectual property rights have been infringed, you may submit a written claim.
Written claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed upon.
Disputes: Arbitration, No Class Action, Jury Waiver
Any dispute or claim relating in any way to these Terms or your use of the Service, or to any products or services sold or distributed by us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Service Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent C T Corporation System, 1999 Bryan Street - Suite 900, Dallas, Texas 75201-3136. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information and IP address and complete time stamps.
Contacting Us and Customer Service
If you have any concerns about Bumpy's Natural and Organic Foods or your use of the Service, please contact us at:
Bumpy's Natural and Organic Foods, Inc.
303 Springfield Street
Agawam, MA 01001 United States
(Attention: Legal Counsel)