Terms of use disclaimer.
Welcome to Bubbly Bliss Recovery. We’re thrilled you’re here. Enjoy our services, but please follow our rules.
Accepting These Terms
Documents
Your Privacy
Disclaimer For Product Use
Termination
Warranties and Limitation of Liability (or the Thing You Can’t Sue Us For)
Indemnification (or What Happens If You Wish To Sue)
Disputes with Third Party Affiliates
Disputes with Bubbly Bliss Recovery
Changes to Terms
Some Finer Legal Points
Contact Information
1. Accepting These Terms
This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).
The Terms are a legally binding contract between you and Bubbly Bliss Recovery. If you live in North America or South America, the contract is between you and Bubbly Bliss Recovery LLC.
Please note that Section 9. Dispute with Bubbly Bliss Recovery, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. *
This contract sets out your rights and responsibilities when you use Bubbly Bliss Recovery.com, and the other services provided by Bubbly Bliss Recovery (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. Agree with us? Great, read on!
2. Documents
Bubbly Bliss Recovery’s Services provides a unique product for athletes of all levels. Our products our sold online as well as in person festivals and events. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
Our House Rules for Everyone. If you use any of our Services, you agree to these Terms, our Privacy Policy.
Our House Rules For Buyers. If you use our Services to browse or shop, these policies apply to you. You can read them here.
Our House Rules for Third Parties. These policies apply to shipping services,, affiliates, and anyone requesting information from Bubbly Bliss Recovery.
All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone!
3. Your Privacy
We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is collected, used and shared when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it in our Privacy Policy Section.
Bubbly Bliss Recovery process members’ personal information (for example, buyer name, email address, and shipping address) and can be used by third party services in order to fulfill your purchase and are therefore considered separate and independent data controllers of buyers’ personal information under law. That means that each party is responsible for the personal information it processes in providing the Services.
If, however, Bubbly Bliss Recovery and third parties are found to be joint data controllers of buyers’ personal information, and if Bubbly Bliss Recovery is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Bubbly Bliss Recovery for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Wish To Sue) below for more information about your indemnification obligations to Bubbly Bliss Recovery.
4. Disclaimer of Product use.
The following safety guidelines should be observed before using Bubbly Bliss Recovery products.
A. You must be 12 years or older to use our products. Our adult athletic products are not recommended for children under the age of 12. (with the exception of our products specifically designed for children). We use large quantities of oils and essential oils in our products that are able to live up to expectations of active adult athletes, however these are not recommended for young children. You are responsible for any and all use of the product once it is in your possession and with these rules set in place here within; if our product is used in any way not listed in recommended use or listed in our disclaimer you are forthwith waving any legal liability to Bubbly Bliss Recovery on your misuse of our products. For more information please refer to our Section 7. Indemnification (or What Happens If You Wish To Sue).
B. Allergies, sensitive skin. Our products contain essential oils and could be sensitive to certain skin types causing potential allergic reactions or skin rashes. We recommend using a smaller dose of our product or complete a patch test. If sensitivity or skin rashes do occur, please discontinue use of the product. If you are uncertain about sensitivity or allergic reactions consult your healthcare provider.
C. Pregnancy. Please avoid this product if you are pregnant or think you might be pregnant. Certain essential oils are safe to use during pregnancy. However, we use a blend of some essential oils that are not recommended while pregnant.
D. Our Product does not replace medical treatment. Bubbly Bliss Recovery products are made with all natural and organic ingredients. Products and advice set forth by Bubbly Bliss Recovery make no claim to cure or prevent any disease or be an alternative to recommended medical treatment from a healthcare provider. This product is not intended to substitute or replace any medical advice or treatment.
Product use is for external use only. Keep out of reach of children.
5. Termination
Termination By You. We'd hate to see you cancel a purchase, but you may terminate your purchase with Bubbly Bliss Recovery at any time before it has shipped out. Once your product has shipped you are responsible for the the return shipping costs before you are entitled to your refund. Once we receive the item, unopened and undisturbed we will refund your account promptly. Terminating your purchase will not affect the availability using our services for future purchases that you make through the Service platform.
Termination By Bubbly Bliss Recovery. We may terminate or suspend shipping of your purchase if you buy product meeting or exceeding in the amount of $200 USD. We reserve the right to require a two-step verification on orders meeting or exceeding the amount of $200 USD, by presenting a photo emailed to us with a valid drivers license that matches the credit card used for purchase. We will send you an email that you provided in checkout to get in contact with you. In order to protect our company, if we find that you attempt ‘friendly fraud’, we reserve the right to deny said person from purchasing and using our services in the future and may pursue legal action against you. Generally, Bubbly Bliss Recovery will notify you that your purchase has been terminated or suspended, if we do not receive proof within one week of notification.
We May Discontinue the Services Bubbly Bliss Recovery reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Bubbly Bliss Recovery’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
6. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Items You Purchase. Bubbly Bliss Recovery are all hand made products, safely stored in our facilities, and thoroughly inspected before shipped to you. We provide the items in our marketplaces that are produced, listed, and sold directly by Bubbly Bliss Recovery. We stand by our quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be first brought directly to Bubbly Bliss Recovery through our messaging system or email address listed in our Contact section before any legal action claims are made or included.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Instagram.) You access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Bubbly Bliss Recovery is not a party to those agreements; they are solely between you and the third party.
Promotions. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
WARRANTIES. BUBBLY BLISS RECOVERY IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BUBBLY BLISS RECOVERY, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL BUBBLY BLISS RECOVERY’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID BUBBLY BLISS RECOVERY IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if Bubbly Bliss Recovery gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Bubbly Bliss Recovery (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
8. Disputes with Third-Party Affiliates
If you find yourself in a dispute with any of our third parties, we encourage you to contact the other party and try to resolve the dispute amicably.
Case System. Buyers who are unable to resolve a dispute related to a transaction on our websites or delivery may participate in our case system. Bubbly Bliss Recovery will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Bubbly Bliss Recovery has no obligation to resolve any disputes.
Release of Bubbly Bliss Recovery. You release Bubbly Bliss Recovery from any claims, demands, and damages arising out of disputes with other third parties.
9. Disputes with Bubbly Bliss Recovery
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services/Products:
A. Governing Law. The Terms are governed by the laws of the State of Colorado, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
B. Arbitration. You and Bubbly Bliss Recovery agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Bubbly Bliss Recovery are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
C. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its rules. For reasonable filing, administrative, and arbitrator fees associated with the arbitration, mediation through CEDR, the parties will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation.
D. Forum. We’re based in Colorado so any legal action against Bubbly Bliss Recovery related to our Services must be filed and take place in Denver County in Colorado. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Denver, Colorado and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Bubbly Bliss Recovery agree to submit to the personal jurisdiction of a state or federal court located in Denver County, Colorado if your contract is with Bubbly Bliss Recovery, LLC.; you and Bubbly Bliss Recovery agree to submit to the personal jurisdiction of the courts of Colorado.
E. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Colorado.
F. Modifications. Over time we may make changes to this “Disputes with Bubbly Bliss Recovery” section after the date you last reviewed the Terms. If this section, deems importance in your use of our Services/Products please check back regularly for updates. Bubbly Bliss Recovery will notify you of substantive changes to the “Disputes with Bubbly Bliss Recovery” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Bubbly Bliss Recovery a written notification (including email) or discontinue your use of our services/products within those 30 days. By rejecting a modified term or permanently discontinuing our services, you agree to arbitrate any disputes between you and Bubbly Bliss Recovery in accordance with the provisions of this “Disputes with Bubbly Bliss Recovery” section as of the date you last accepted the Terms, including any changes made prior to your rejection.
10. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
11. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Bubbly Bliss Recovery regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
12. Contact Information
If you have any questions about the Terms, please email us at Bubblyblissrecovery@outlook.com