Blessed Bath Bombs Co. believes that confidential information should remain confidential. We only use your personal information for the purpose of filling your orders, offering promotional products and/or services, and enhancing your experience with our company. We will never sell or share your personal information with other companies.
Our site uses an order form for customers to order products and collect visitor’s contact information (like their e-mail address), unique identifiers, and financial information (such as their credit card numbers). Financial information is used only to bill the customer for products and/or services. Unique identifiers (such as usernames and passwords) are collected from our website customers to verify identity and for oir own internal use.
We implement various security measures, including SSL encryption technology, to protect the security of your personal information, both on line and off line.
We may place a “cookie” on your computer’s hard drive so we can recognize you as a return user. A cookie is a piece of data that enables us to track and target your preferences. The cookie will be stored on your computer’s hard drive until you remove it. We may also use temporary or “session” cookies to help you shop. These cookies will expire when you leave the Website. You can have your browser notify you of, or automatically reject, cookies. If you reject our cookies, you may still use our Website, but you may be limited in the use of some of the features.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment card charged. If your payment card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your payment card account in the amount of the charge.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
This Site is created and controlled by Blessed Bath Bombs Co and an affiliated web developer in the USA. As such, the laws of the States of said entiries will govern any and all claims related to or arising out of your use of the Site or these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
READ THIS ARBITRATION PROVISION CAREFULLY: This Section impacts how legal claims arising under this Agreement are resolved. Under the terms of this provision (the “Arbitration Provision”), and except as set forth below, Claims (as defined below) will be resolved by individual (and not class-wide) binding arbitration in accordance with this provision if you or we elect it. If a Claim is arbitrated, neither you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general or other representative action in court or in arbitration; or (4) join or consolidate a Claim with those of any other person.
The terms “Company,” “we,” “us” and “our,” solely as used in this Arbitration Provision and in addition to the meaning set forth above, also refer to our employees, officers, directors, parents, controlling persons, subsidiaries, affiliates, predecessors, acquired entities, successors and assigns.
“Claim” means any demand, cause of action, complaint, claim, asserted right, or request for monetary or equitable relief, whether past, present or future, and based upon any legal theory, including contract, tort, consumer protection law, fraud, statute, regulation, ordinance, or common law, which arises out of or relates to this Agreement or your purchasing of products from the Site, whether related to the product(s)’ quality, representations about the product(s), information you entered into the Site, or otherwise. The term Claim is intended to be interpreted as broadly as permitted under applicable law.
Agreement to Arbitrate Claims: Except if you opt out as provided below, both you and the Company may elect to arbitrate any Claim. This means that by agreeing to this Agreement, you waive your right to sue us in Court, except if you opt out as provided below.
Electing Arbitration: If you or we elect to arbitrate a Claim, the party electing arbitration must notify the other party in writing (the “Notice”). Your Notice to us shall be sent to Blessed Bath Bombs Co. via email at email@example.com (“Notice Email Address”). Our Notice to you shall be sent to the most recent address for you in our files, or to the email address we have on file for you. If you purchased the products for resale, any arbitration will take place in Cobb County, Georgia, unless you and the Company agree otherwise. If you purchased the products as a consumer (i.e., as an end-user of the products), any arbitration will take place in any venue in which a federal court would have jurisdiction over your Claims, unless you and the Company agree otherwise. If a party files a lawsuit in court asserting a Claim and the other party elects arbitration, such Notice may be asserted in papers filed in the lawsuit (for example, a motion by the defendant to compel arbitration of Claims asserted by the plaintiff in a lawsuit filed in court). After arbitration is compelled by a court, either party may commence the arbitration proceeding in accordance with the rules and procedures of the arbitration administrator specified in this section.
Arbitration Costs: We will pay the filing, administrative and/or arbitrator’s fees (“Arbitration Fees”) that we are required to pay pursuant to the arbitrator’s rules or the law. In addition, with respect to Arbitration Fees that you are required to pay under the arbitrator’s rules in connection with an individual arbitration you have commenced against us or that is compelled by a court, we will pay, or reimburse you for your payment of, any Arbitration Fees that exceed the filing fee for the federal court located in the venue in which the arbitration will take place if (a) you did not purchase the products for resale (i.e., bought them as the consumer end user), and (b) the amount of your Claim does not exceed $75,000. For us to pay these fees or reimburse you for your payment of these fees, you must notify us in writing of your request for reimbursement at the Notice Address. If this reimbursement provision applies, and you have already paid a filing fee to file a case in state or federal court, you will not be required to pay that amount again if the court compels arbitration.
What Law the Arbitrator Will Apply: The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, or by state or local laws that relate to arbitration proceedings. The arbitrator will, however, apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the Federal Arbitration Act (FAA), that would apply if the matter had been brought in court. The law of the State of Georgia applies to this Agreement, and will be applied by the arbitrator, as set forth above in the Choice of Law section above.
The Arbitrator’s Decision and Award: At the timely request of either party, the arbitrator shall provide a brief written explanation of the grounds for the decision. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court.
Effect of Arbitration Award; Appeal: The arbitrator’s award shall be final and binding on all parties, except for any right of appeal provided by the Federal Arbitration Act.
FEDERAL ARBITRATION ACT: THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION.
CLASS ACTION WAIVER: IF EITHER YOU OR THE COMPANY ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR THE COMPANY WILL HAVE THE RIGHT: (A) TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER; OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS. NO ARBITRATOR SHALL HAVE AUTHORITY TO CONDUCT ANY ARBITRATION IN VIOLATION OF THIS PROVISION OR TO ISSUE ANY RELIEF THAT APPLIES TO ANY PERSON OR ENTITY OTHER THAN YOU AND/OR US INDIVIDUALLY. THE PARTIES ACKNOWLEDGE THAT THE CLASS ACTION WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY CLAIMS AND IS NON-SEVERABLE FROM THIS ARBITRATION PROVISION. IF THE CLASS ACTION WAIVER IS VOIDED, FOUND UNENFORCEABLE, OR LIMITED WITH RESPECT TO ANY CLAIM FOR WHICH YOU SEEK CLASS-WIDE RELIEF, THEN THE PARTIES’ ARBITRATION PROVISION (EXCEPT FOR THIS SENTENCE) SHALL BE NULL AND VOID WITH RESPECT TO SUCH CLAIM, SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OR INVALIDATION OF THE CLASS ACTION WAIVER. THE ARBITRATION PROVISION, HOWEVER, SHALL REMAIN VALID WITH RESPECT TO ALL OTHER CLAIMS. THE PARTIES ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED.
CONFLICTS; SEVERABILITY; SURVIVAL: THIS ARBITRATION PROVISION IS INTENDED TO BE BROADLY INTERPRETED. IN THE EVENT OF A CONFLICT BETWEEN THE PROVISIONS OF THIS ARBITRATION PROVISION AND THE AAA OR JAMS RULES, OR ANY OTHER TERMS OF THE AGREEMENT, THE PROVISIONS OF THIS ARBITRATION PROVISION SHALL CONTROL. IF ANY PART OF THIS ARBITRATION PROVISION IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON, THE REMAINDER SHALL BE ENFORCEABLE, EXCEPT AS PROVIDED BY THE CLASS ACTION WAIVER. THIS ARBITRATION PROVISION SHALL SURVIVE THE TERMINATION OF ANY RELATIONSHIP BETWEEN US, INCLUDING THE TERMINATION OF THE AGREEMENT.
RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION: THIS ARBITRATION PROVISION WILL APPLY TO YOU AND THE COMPANY AND TO ALL CLAIMS AS OF THE DATE YOU BECOME BOUND UNDER THIS AGREEMENT, UNLESS YOU OPT OUT BY PROVIDING PROPER AND TIMELY NOTICE. TO OPT OUT, YOU MUST SEND US A WRITTEN NOTICE INCLUDING YOUR NAME, THE PURCHASE ORDER NUMBER OF THE PURCHASE THAT THIS AGREEMENT GOVERNS, AND A STATEMENT THAT YOU DO NOT WISH TO BE GOVERNED BY THE ARBITRATION PROVISION IN THIS AGREEMENT (THE “OPT OUT NOTICE”). TO BE EFFECTIVE, YOUR WRITTEN OPT OUT NOTICE MUST BE (1) SENT TO US BY FIRST CLASS MAIL AT 4064 HERITAGE CROSSING WALK SW POWDER SPRINGS, GA 30127; (2) INCLUDE THE INFORMATION SET FORTH ABOVE; AND 3) BE SIGNED BY YOU. WE MUST RECEIVE YOUR OPT OUT NOTICE WITHIN FORTY-FIVE (45) DAYS AFTER THE DATE OF THE PURCHASE THAT THIS AGREEMENT GOVERNS. YOUR DECISION TO OPT OUT WILL NOT AFFECT ANY OTHER PROVISION OF THIS AGREEMENT.
LIMITATION OF CLAIMS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. This provision only applies if you purchased products from the Site for resale to others (that is, it does not apply to consumer transactions).
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
Blessed Bath Bombs Co.
Powder Springs, GA 30127