Last updated January 18, 2021
agreement made between you, whether personally or on behalf of an entity (“you”) and Bumpers That Deliver & MBI Auto
", “we”, “us”, or
“our”), concerning your access to and use of the http://www.bumpersthatdeliver.com website as well as any
other media form, media channel, mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read,
Supplemental terms and conditions or documents that may
be posted on the Site from time to time are hereby expressly incorporated herein by reference. We
time and for any reason. We will alert you about any changes by updating the “Last updated” date of
subject to, and will be deemed to have been made aware of and to have accepted, the changes in any
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
The Site is not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to
such laws, you may not use this Site. You may not use the Site in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
Site is intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Site.
indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us or
licensed to us, and are protected by copyright and trademark laws and various
other intellectual property rights and unfair competition laws of the United
States, international copyright laws, and international conventions. The Content and the Marks are
provided on the
Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
All product names, logos, and brands are property of their respective owners in the United States and/or other countries. All company, product and service names used on this website are for identification purposes only. Use of these names, logos, and brands does not imply endorsement.
Provided that you
are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the Content and the
By using the Site, you represent and warrant
(1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply
(4) you are not a
minor in the jurisdiction in which you reside
; (5) you will not access the Site
through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Site for any illegal or
purpose; and (7) your use of the Site
will not violate any applicable law or regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future use of the Site (or any
You may be
required to register with the Site. You agree to keep your password confidential and
will be responsible for all use of your account and password. We reserve the right to
remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We make every effort to display as accurately as possible the colors,
features, specifications, and details of the products available on the Site. However, we do
not guarantee that the colors, features, specifications, and details of the products will be
accurate, complete, reliable, current, or free of other errors, and your electronic display
may not accurately reflect the actual colors and details of the products.
All products are subject to availability
and we cannot guarantee that items will be in stock
. We reserve the right to
discontinue any products at any time for any reason. Prices for all products
are subject to change.
We accept the following forms of payment:
- American Express
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Site. You further agree to promptly
update account and payment information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be
added to the price of purchases as deemed required by us. We may change prices at any time. All payments
shall be in U.S. dollars.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen
payment provider for any such amounts upon placing your order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
We reserve the
right to refuse any order placed through the Site. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household, or per order. These restrictions may include
by or under the same customer account, the same payment method, and/or orders
that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in
judgment, appear to be placed by dealers, resellers, or distributors.
our Return Policy posted on the Site prior to making any purchases.
You may not access or use the
Site for any purpose other than that for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are specifically endorsed or approved by
As a user of the
Site, you agree not to:
Systematically retrieve data or other content from the Site to create or
compile, directly or indirectly, a collection, compilation, database, or directory without
written permission from us.
Make any unauthorized use of the Site, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Site to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features
of the Site, including features that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt
to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data gathering and
Interfere with, disrupt, or create an undue burden on the Site or the
networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of
Sell or otherwise transfer your profile.
Use any information obtained from the Site in order to harass, abuse, or
harm another person.
Use the Site as part of any effort to compete with us or otherwise use the
Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict
access to the Site, or any portion of the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Site to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Site’s software, including but not limited to Flash,
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s uninterrupted use
and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Site.
Upload or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the
Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or
Site does not offer users to submit or post content. We may provide you
with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to us
or on the Site, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Site and through
third-party websites. As such, any Contributions you transmit may be
make available any Contributions, you thereby represent and warrant
1. The creation, distribution,
transmission, public display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the
creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to
use and to authorize us, the Site, and other users of the Site to use your Contributions in any
3. You have the written consent,
release, and/or permission of each and every identifiable individual person in your Contributions to
use the name or likeness of each and every such identifiable individual person to enable inclusion
Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not
unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters,
spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene,
lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
8. Your Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Contributions do not violate the privacy or publicity rights of any third party.
Contributions do not contain any material that solicits personal information from anyone under the
age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Contributions do not violate any applicable law concerning child pornography, or otherwise intended
to protect the health or well-being of minors;
13. Your Contributions do not include any
offensive comments that are connected to race, national origin, gender, sexual preference, or
14. Your Contributions do not otherwise violate, or link to material that
Any use of the Site
may result in, among other things, termination or suspension of your rights to use the Site
and the Marketplace Offerings.
You and Site agree that we may
access, store, process, and use any information and personal data that you provide following the terms
By submitting suggestions or other
feedback regarding the Site, you agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership
over your Contributions. You retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions. We are not liable for
any statements or representations in your Contributions provided by you in any area on the Site. You are
solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any
and all responsibility and to refrain from any legal action against us regarding your
We may provide you
areas on the Site to leave reviews or ratings. When posting a review, you must comply with
the following criteria: (1) you should have firsthand experience with the person/entity
being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hate language; (3) your reviews should not contain discriminatory references
based on religion, race, gender, national origin, age, marital status, sexual orientation,
or disability; (4) your reviews should not contain references to illegal activity; (5) you
should not be affiliated with competitors if posting negative reviews; (6) you should not
make any conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organize a campaign encouraging others to post
reviews, whether positive or negative.
We may accept,
reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions or the views
of any of our affiliates or partners. We do not assume liability for any review or for any
claims, liabilities, or losses resulting from any review. By posting a review,
you hereby grant to us
a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by any means,
display, perform, and/or distribute all content relating to reviews.
You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace
Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We
shall own exclusive rights, including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the right to submit such Submissions.
You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of
any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND
The Site may contain (or you may be
sent via the Site or the Marketplace Offerings) links to other websites ("Third-Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications, software, and other content or
items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites
accessed through the Site or any Third-Party Content posted on,
available through, or installed from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the
use or installation of any Third-Party Websites or any Third-PartyContent does not imply approval or endorsement thereof
by us. If you decide to leave the Site and access the Third-Party
Websites or to use or install any Third-Party Content, you do so
applicable terms and policies, including privacy and data gathering practices, of any website to which you
navigate from the Site or relating to any applications you use or install from the Site. Any purchases you
make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the
products or services offered on Third-Party Websites and you
shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you
shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in
any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in
size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to
protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace
We care about data privacy and
the United States
. If you access the Site or the Marketplace Offerings from any other
region of the world with laws or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in
the United States
, then through your continued use of the Site, you are transferring your data to
the United States
, and you expressly consent to have your data transferred to and processed in
the United States
TERM AND TERMINATION
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON
OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new account under your name, a
fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our Site. We also reserve the right to
modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be
liable to you or any third party for any modification, price change, suspension, or discontinuance of the
Site or the Marketplace Offerings.
We cannot guarantee the Site and
the Marketplace Offerings will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the
Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the
Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace
or the Marketplace Offerings or to supply any corrections, updates, or releases in connection
the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of
the State of Michigan
applicable to agreements made and to be entirely performed within
the State of Michigan
, without regard to its conflict of law
To expedite resolution and control the cost of any dispute, controversy, or claim
us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes
expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND
THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration
shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration
Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes
("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your
arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and,
where appropriate, limited by the AAA Consumer Rules. The arbitration may
be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a
decision in writing, but need not provide a statement of reasons unless requested by either Party. The
arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take
. Except as otherwise provided herein, the Parties may
litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute
shall be commenced or prosecuted in the
state and federal
, and the
Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens
with respect to venue and jurisdiction in such state and federal courts
. Application of the United Nations Convention on Contracts
for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are
In no event shall any Dispute brought by either Party related in any way
to the Site be commenced more than zero (0) years after the cause of action
arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
The Parties agree
that any arbitration shall be limited to the Dispute between the Parties individually. The the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect,
or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to,
or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be
information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the
Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site
at any time, without prior notice.
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO
AMOUNT PAID, IF ANY, BY YOU TO US
THE six (6) mONTH PERIOD PRIOR TO ANY
CAUSE OF ACTION ARISING
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with
whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense,
to assume the exclusive defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification
upon becoming aware of it.
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform regular
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between
by law. We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these
joint venture, partnership, employment or agency relationship created between you and us as a result of
virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic
In order to resolve a complaint regarding the Site or to
receive further information regarding use of the Site, please contact us at:
Bumpers That Deliver & MBI Auto
960 Freeman Ave SW