Bombas Terms and Conditions of Use
Effective date: November 2019
PLEASE READ THIS AGREEMENT CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
This is an agreement between Bombas LLC (“Bombas”) and users of the Bombas website (www.bombas.com), and governs your use of our website (the “Site”) and services operated by Bombas (the “Services”). Throughout these Terms and Conditions of Use (the “Terms”), “Bombas,” “we,” “our,” or “us” refers to Bombas. “You” or “your” refers to anybody using our website or other services.
These Terms are binding for all users of our Site and Services. Please read these Terms carefully and note that we may change the Terms from time to time.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
Your Agreement to These Terms
By using our Site and Services, you acknowledge and agree that you, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Site, have read these Terms. You agree that all disputes with us will be resolved through arbitration (as discussed below). You accept and agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to use the Site.
Our Site and Services are for adults and not intended for people under 13. We do not knowingly collect or store any personal information about children under 13 years of age, unless provided by a parent, guardian, or other adult seeking our services on behalf of a child.
Site Transactions and Resale Prohibition
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 we make a change to or cancel an order, we will attempt to notify you by contacting the email 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.
Products sold from the Site may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, Bombas reserves the right to adjust your order to ensure compliance with these Terms, and/or refuse to complete your order for goods and services.
Use of Promotional, Coupon, and Program Codes
Bombas may issue promotional and coupon codes (“Code(s)” and/or promotional programs (“Program(s)”) for different purposes from time to time. The terms and conditions of this Section generally apply to your use of Codes and Programs and will apply in addition to the terms and conditions of any specific promotions or programs (e.g. Bulk Gifting, Refer-a-Friend, Bombas Replacement Programs, etc.). Your use of any Code or Program offer is limited to the purpose for which your Code and/or Program offer was received and any use beyond the prescribed limited purpose is prohibited. Codes and Programs are limited to personal use, not for resale, and may not be shared unless as directed by Bombas. Resale of purchases made with Codes, Program offers or discounts is prohibited. We can revoke a Code or Program at any time for any reason, and your abuse of a Code or Program, or your failure to abide by any of our Terms and Conditions may lead to cancellation of current Codes and Programs and your disqualification from participation in future promotions and programs. If we determine that there is abuse of a Code or Program offer for a specific order before that order is fulfilled, we may cancel the Code and/or Program offer and declare the order invalid with no obligation to fulfill it. Codes and Programs typically may not be combined and must be used individually per purchase.
Please also refer to our Bombas Replacement Program Terms here.
Rights to Change the Site, Services, and Terms
We reserve the right, at any time in our sole discretion, to:
- modify, suspend or discontinue the Site and Services, or any other service, content, feature or product offered through the Site and Services, with or without notice;
- change these Terms from time to time (whereby, the most recent version will replace and supersede all previous versions); and/or
- offer opportunities to some or all users of the Site and Services.
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and Services, or any other service, content, feature or product offered through the Site and Services.
Compliance with Applicable Laws
As a condition of your access to and use of our Site and Services, you agree that you will not use the Site and Services for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws, regulations, policies of all relevant jurisdictions, local rules regarding online conduct, and any conditions or restrictions imposed by these Terms. Our Site and Services are offered for your personal and non-commercial use only, and you are prohibited from using and are expressly not granted the right to use the Site and Services for any other purpose.
We will take commercially reasonable steps to ensure the integrity of our systems and prevent hacks. However, no system is impenetrable. You agree that we are not responsible for someone hacking your account.
We may change the Site and Services we offer or suspend or cease performance of the Site and Services at any time or for any reason. We also reserve the right to cancel or refuse Services. We may also remove or edit content or delete accounts.
Links to Third Party Services
Sometimes we may post links to other websites or services. We cannot control the content on other websites or services, and we are not responsible for the content on those websites or services. By linking to such websites or services, we do not agree with or endorse the content or owners of those websites or services. Please be aware that the content of those websites and services may also change from time to time.
Communications Between Us and You
If you sign up for our email list and indicate that you want to receive such information, you agree that we may communicate with you from time to time regarding our Site and Services and from the third parties we work with.
We reserve the right to contact you by email for purposes of informing you of changes to our Site and Services or these Terms. We may also contact you regarding surveys or feedback regarding the Site and Services.
Passwords and Your Obligations
You may be asked to register as a member on certain pages or services within the Sites and Services and to select a unique username and password in order to be able to access your account and use any of the Sites and Services. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify Bombas in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., "logging off") at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.
Please notify us immediately of any unauthorized use of your user name and password via email to Privacy@Bombas.com.
No Unlawful or Prohibited Use/Intellectual Property
We grant you a non-exclusive, non-transferable, revocable license to access our Site and Services, as long as you agree with our Terms.
You agree not to use our Site and Services to do anything illegal. You also agree that you will not do anything that violates these Terms. You agree that you will not try to hack us or try to sabotage our Services in any way. You agree that you will not try to access another user’s data or do anything that prevents someone else from using our Site and Services. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the content of the Site or Services.
You may not access, use, or copy any portion of the Site or Services or their contents through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms.
All of the content on our Site and Services is protected by various laws. That means all articles, photographs, pictures, graphics, video, audio, text, logos, software, and other content are protected by copyright as collective works or compilation under the copyright laws of the United States and other countries. All individual articles, photographs, pictures, graphics, video, audio, text, logos, software, and other content are also copyrighted works. All copyrights in the Site are owned by us or by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws.
You agree not to use, publish, reproduce, distribute, enter into a database, display, perform, modify, reverse engineer, create derivative works, transmit, or exploit in any way our Site or materials, except that you may make use of the content for your own personal use as follows: you may make one machine readable copy and/or print copy that is limited to occasional articles of personal interest only.
Any and all trademarks displayed within the Sites and Services are owned by Bombas, its licensors or its affiliates, or are the property of third parties (in which case Bombas makes no claim of ownership rights therein).
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of Bombas. "Confidential Information" means any trade secrets, or confidential, sensitive, or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to Bombas or its licensors, including, but not limited to, all parts of the Sites and Services and any other materials or information related to the business or activities of Bombas that are not generally known to others engaged in similar businesses or activities.
You agree to indemnify and hold harmless Bombas, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of our Site and Services or breach of these Terms. You will cooperate fully as required by us in the defense or settlement of any claim.
In case of any disputes between us that cannot be resolved through informal discussions, you agree to submit such disputes to a neutral arbitration organization appointed by the American Arbitration Association and in accordance with the Federal Arbitration Act. The arbitrator’s decision and award is final. You and we also both agree not to disclose the contents of the arbitrator’s decisions related to the arbitration to anyone (except as required by law or for the purposes of enforcement or appeal of the arbitration award).
Arbitration will cover all disputes and claims regarding these Terms, including tort claims, direct claims, or indirect claims. The arbitrator can issue rulings on any substantive or procedural issues arising in the dispute, including the scope of the dispute. This arbitration clause will continue to be valid even if these Terms are no longer valid for any reason.
If you have a claim or dispute, you must contact us first, so we can try to resolve the matter. You agree to give us 60 days to try to resolve the dispute before requesting arbitration. The arbitration of any dispute or claim will follow the relevant rules of the American Arbitration Association as modified by these Terms.
If you and we have to participate in arbitration of disputes between us, such arbitration shall take place in New York, New York. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). The arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class-wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
You must contact us within one year of the date of the event or facts giving rise to a dispute or you will have waived the right to pursue a claim based on such event or facts.
Class Action Waiver
Any arbitration will be on an individual basis. By using the Site and Services, you agree that you cannot make “class action” claims.
Unless both you and we agree, the arbitrator cannot group claims together.
We may make improvements and/or changes to the Site at any time.
We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Site, or information accessible therein. We make no representation that the Site and content are free of viruses or other disabling devices or harmful components. To the maximum extent permitted by applicable law, the Site and information accessible therein are provided “as is” without warranty of any kind. We disclaim all warranties with regard to the Site and information accessible therein, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Bombas, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, the delay or inability to use the Site, or for any information, software, products, services, or related graphics obtained through the Site, whether based on contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of damages. Because some states and/or jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitation may not apply to you.
You represent and warrant that no materials you submit to us or our Site will violate, plagiarize, or infringe upon the rights of third parties or contain libelous or unlawful material. You represent that you are at least 13 years old.
If you are a copyright owner or an agent of a copyright owner, and you believe that any content on the Site, mobile apps, or other online services infringes such copyright(s), then you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our Designated Copyright Agent with the following information in writing:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing and information sufficient to permit us to locate the material;
- contact information of the complainant, such as an address, telephone number, and, if available, an email address;
- a statement that the complainant has a good faith belief that use of the material is not authorized; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be included in the Notice and submitted to our Designated Copyright Agent by mail and email to the following address:
37 East 18th Street
New York, NY 10003
We reserve the right to prevent you from visiting our Site and Services and using our Services, without notice.
New York Law and Enforceability
These Terms and our Site and Services are governed by the laws of the State of New York. You agree that the courts of the State of New York have exclusive jurisdiction over any matters, disputes, and claims relating to the content, use of, or any other matter relating to our Site or Services.
If you are in a location that does not permit any of the provisions in these Terms, you agree you will not use our Site or Services.
Using the Site or Services does not mean that there exists a joint venture, employment, or partnership between or among us.
If any part of these Terms are invalid or unenforceable, the rest of these Terms will continue to be valid and enforceable.
If you have any questions or comments, please contact us. We welcome your questions regarding these Terms:
37 East 18th Street
New York, NY 10003
Last updated: November 7, 2019