Welcome to Bootstrapper’s Blends!

The bootstrappersblends.com web site and its associated service (the “Service”) may be found at the domain and its related subdomains found at www.bootstrappersblends.com (the “Site”). The Site is owned and operated exclusively by Bootstrapper’s Blends, LLC, a Vermont limited liability company (collectively referred to herein as “Bootstrapper’s Blends”, “us”, “we” or “the Company”). By creating a user account and/or accessing or using the Site or by posting any content on the Site, you represent and warrant that you have read, understand and agree to be bound by these Terms of Service (“Terms”, “Terms of Service”, “Terms of Use” or “Agreement”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Site or the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

The Bootstrapper’s Blends Service provides Site users with the ability to assist us to bring to market and sell custom food and beverage products, and the ability to find and buy high-quality, unique and specialized food and beverage products.

Use of the Bootstrapper’s Blends Service

Information You Provide: Certain features of the Bootstrapper’s Blends Service require registration. If you choose to register, you agree to provide and maintain accurate, current and complete information about yourself. Registration data and personal information about you are governed by our Privacy Policy.

User Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify Bootstrapper’s Blends of any unauthorized use of your password or account or any other breach of security. Bootstrapper’s Blends reserves the right to terminate accounts that are inactive for six (6) months or more.

Multiple User Accounts Prohibited: Operating and maintaining multiple user accounts is prohibited. If you have a legitimate business need for a second account, you can apply for an exception to this policy by contacting us.

Misuse of User Account: If you upload excessive amounts of data, engage in fraud or other illegal activity, fail to comply with the Terms of Service or any other Bootstrapper’s Blends policies, or otherwise use the Service in an excessive or unreasonable way, Bootstrapper’s Blends may, in its sole discretion, cancel any of your Campaigns (as defined below), if applicable, suspend your use of Bootstrapper’s Blends Service, restrict or terminate your account or access to the Site, and/or withhold and offset any amounts due to you on account of your use of the Service.

Social Networking Services: You may enable certain components of the Service or log in to the Service via certain third-party social networking services, such as Facebook (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Bootstrapper’s Blends Service, we make your online tools and experiences richer and more powerful and personalized. To take advantage of these features and capabilities, we may ask you to authenticate, register for or log into those Social Networking Services. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.

Please remember that Bootstrapper’s Blends has no control over the way Social Networking Services use, store and disclose your information. Please review their policies to understand their privacy-related practices. Bootstrapper’s Blends also has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. Bootstrapper’s Blends does not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through the Bootstrapper’s Blends Service. Bootstrapper’s Blends enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Promotions: Any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Bootstrapper’s Blends Service may be governed by specific rules that are in addition to these Terms of Service. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will control.

Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the Bootstrapper’s Blends Service only with the written approval of your parent or guardian. To provide such approval please contact us with the name of the youth and the parent or guardian's name and contact information.

Applicable Laws: In connection with your use of the Bootstrapper’s Blends Service, you agree to comply with all applicable laws, regulations and industry standards.

General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by Bootstrapper’s Blends in connection with your use of the Bootstrapper’s Blends Service. Bootstrapper’s Blends may establish general practices and limits concerning use of the Bootstrapper’s Blends Service. Bootstrapper’s Blends reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.

Creation and Implementation of Bootstrapper’s Blends Campaigns

The Bootstrapper’s Blends Service allows registered users to pursue a specialty food or beverage campaign (each a “Campaign”) pursuant to which we collaborate with the user to bring a specific product (each a “Product”) to market for sale by us. In exchange, we agree to pay royalties as specifically provided for herein. For additional information about how the Service works please refer to Bootstrapper’s Blends’ Frequently Asked Questions.

Your Right to Conduct a Campaign: It is within Bootstrapper’s Blends sole discretion to determine whether a Product is eligible for a Campaign. The criteria Bootstrapper’s Blends will consider when determining whether a Product is eligible for a Campaign can be found at How It Works.

User Content: All content that you may upload or submit to us through the Site or otherwise is referred to as “User Content.” You acknowledge and agree that, subject to the terms and conditions of this Agreement, you may retain any and all applicable copyright and other intellectual property rights with respect to any User Content that you create or submit using the Service, to the extent you have such rights under applicable law. Notwithstanding the foregoing, you understand and agree that by submitting User Content, you automatically grant (and you represent and warrant that you have the right to grant) to Bootstrapper’s Blends a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to use, reproduce and distribute your User Content as part of the Service. Please be sure you maintain copies of all of User Content as Bootstrapper’s Blends has no responsibility or liability for the deletion or failure to store any User Content or information uploaded to the Bootstrapper’s Blends Service. You represent and warrant to the Company that all User Content is originally created by you and that the Company’s use of any User Content will not infringe the intellectual rights of any third party or cause a breach of any agreement that you are or such User Content may be subject to.

All User Content must meet reasonable standards and reflect positively on the Bootstrapper’s Blends brand (e.g. a campaign may not include words or images that Bootstrapper’s Blends deems to be offensive). Sellers must not take any action or upload, post, e-mail or otherwise transmit to or via the Site any User Content as determined by Bootstrapper’s Blends, at its sole discretion, that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

All of the User Content that is uploaded to the Site, must be accurate and correct and Bootstrapper’s Blends reserves the right to edit, modify, delete or not use User Content at its sole discretion.

Pricing; Pre-Production Sales:  If Bootstrapper’s Blends determines, at its sole discretion, that your Product is eligible for a Campaign (an “Accepted Product Idea”), Bootstrapper’s Blends will establish a per Product price and a minimum pre-production sales threshold prior to manufacturing the Accepted Product Idea. All Product pricing and sales thresholds are determined at the sole discretion of Bootstrapper’s Blends. Bootstrapper’s Blends reserves the right to modify all Product pricing and waive or modify any pre-production sales thresholds or terminate a Campaign at its sole discretion.

Royalties: Once a Campaign is launched and the associated Product is manufactured and sold, the seller responsible for such Campaign will be entitled to receive a royalty equal to 10% of all Net Revenue actually received by the Company on account of the Company’s sales of the Product associated with such Campaign (the “Royalty Payments”). For purposes of this Section “Net Revenue” shall mean the gross revenue actually received by the Company (excluding all revenue derived on sales made to the user), minus all sales commissions, brokerage fees, rebates, returns, allowances, free fills, duties and customs, taxes, tariffs, shipping and insurance costs and other reasonable and customary direct selling expenses associated with the production of such gross revenue. All earned royalties will be calculated annually following the closing of each fiscal year. Bootstrapper’s Blends will make payments of earned royalties to the applicable seller by check, ACH, wire transfer (net any fees) or through any other commercially reasonable manner adopted by Bootstrapper’s Blends from time to time.  Sellers are solely and fully responsible for payment of any income taxes applicable to all royalties earned through the Bootstrapper’s Blends Service. Prior to receiving any royalty payments, sellers may be required to provide additional information to Bootstrapper’s Blends as needed by Bootstrapper’s Blends to comply with its reporting obligations. All royalty payments are subject to any required withholding obligations.

Because the Company may elect in its sole discretion to cease commercializing any Accepted Product Idea, there can be no guarantee that you will ever receive any payments or actual compensation in connection with participating on the Site or providing User Content. Bootstrappers Blends, LLC makes no representations or warranties regarding any actual monetary compensation that may be earned in connection with use of the Site or the Bootstrapper’s Blends Service. Notwithstanding any royalty payments that may be allocated to you, Bootstrappers Blends, LLC shall be under no obligation to distribute such amount to you until such time as the aggregate amount payable in your account exceeds $75. All amounts earned by a seller shall be rounded down to the nearest tenth of cent. On an annual basis, Bootstrapper’s Blends reserves the right to reset all seller accounts below $75 to $0 and to write-off all such unpaid amounts and Bootstrapper’s Blends shall have no liability for any such write-offs. Bootstrapper’s Blends also reserves the right to withhold or forfeit payments due to any seller that has breached this Agreement or any of the other guidelines related to use of the Site.

Accepted Product Ideas - Ownership of User Content: In connection with any Accepted Product Idea, to the extent that you submit User Content (including recipes, Product names, logo’s, tag lines, designs, etc.) in connection with that Accepted Product Idea and your User Content is incorporated or made part of any commercialized version of that Product manufactured for sale, you hereby assign, and agree to deliver such additional assignments or other instruments of transfer as may be reasonably requested by Bootstrapper’s Blends, all of your right, title and interest in such User Content, including without limitation any ideas, discoveries, inventions, developments and improvements, whether or not reduced to practice and whether or not patentable, trademarks, mask work, or any other material registered or otherwise protected or protectable under state, federal, or foreign patent, trademark, copyright, or similar laws (collectively, “IP”). You further agree that you will not make any claims against Bootstrapper’s Blends or any third party who is assigned or licensed rights in such User Content by Bootstrapper’s Blends, based on any allegations that any activities by Bootstrapper’s Blends or such third party infringe your (or anyone else's) IP rights with respect to such User Content. You further acknowledge and agree that in connection with any such assignment you reserve no rights whatsoever and Bootstrapper’s Blends shall have the right to enforce all IP rights in such User Content against you and any subsequent use by you of such User Content. You further acknowledge and agree that any compensation that you might receive as a result of submitting such User Content and its inclusion in a successfully commercialized Product, may be inadequate or below fair market value, and you expressly agree to bear such risk in connection with submitting User Content on the Site. The provisions of this Section may be specifically enforced by either Bootstrapper’s Blends or any third party who is assigned or licensed rights in such User Content by Bootstrapper’s Blends, and any such third party is intended to be a third-party beneficiary of this provision.

Intellectual Property Complaints

Infringement Claims Between Bootstrapper’s Blends Sellers, Waiver of Claims: As a condition of using the Bootstrapper’s Blends Service, you agree to submit any and all infringement claims against Bootstrapper’s Blends sellers (so called “Copycat Claims”) pursuant to Bootstrapper’s Blends' existing policies and procedures governing such claims. You further agree, as a condition of using the Bootstrapper’s Blends Service, to waive any and all claims against Bootstrapper’s Blends arising from alleged infringement by you or another Bootstrapper’s Blends sellers. In addition, you understand that Bootstrapper’s Blends may release your contact information to any Bootstrapper’s Blends user that satisfactorily alleges a violation of its rights under this section.

Infringement Claims by Third Parties: Bootstrapper’s Blends takes any allegations of infringement seriously. If Bootstrapper’s Blends receives any complaint or allegation that your User Content constitutes an unauthorized use of a third party’s rights, you understand that Bootstrapper’s Blends may terminate or delay any related Campaign, in its sole discretion. In addition, you understand that Bootstrapper’s Blends may release your contact information to any third party that satisfactorily alleges a violation of its rights.

Bootstrapper’s Blends will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a Bootstrapper’s Blends seller has infringed upon your rights, please notify Bootstrapper’s Blends by email at the address provided at the end of these Terms of Service, attention Legal Department.

You must include with your notification the following information.

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;
  • The URL to the Bootstrapper’s Blends Campaign(s) used in connection with the sale of the allegedly infringing merchandise;
  • Identification of the copyright, trademark or other rights that allegedly have been infringed, including proof of ownership (such as copies of subsisting trademark or copyright registrations);
  • Your full name, address, telephone number(s) and email address(es);
  • A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and
  • A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.

 

Non-Compete: If you create a Campaign and we commercialize the associated Product, you acknowledge and agree that we will incur expenses related to that commercialization including, without limitation research and development costs, raw material and packaging inventories, and marketing expenses. In order for us to recoup these costs and expenses, you agree that unless and until you exercise your repurchase option below with respect to any such Product, you will not manufacture, market or sell, directly or indirectly, or be involved with or assist any third party to manufacture, market or sell, any product that is substantially the same as the Product manufactured and sold by Bootstrapper’s Blends in connection with a successful Campaign.   Notwithstanding the foregoing, you will not be restricted from reselling any Product that you purchase directly from Bootstrapper’s Blends so long as such sales are not conducted online (including through third party sites like Ebay or Amazon) and do not exceed $25,000 in the aggregate in any one calendar year.

Repurchase Option: A seller may elect to repurchase any IP and other User Content associated with any Product that constitutes an Accepted Product Idea hereunder at any time following the earlier of (i) six (6) months following the Company ceasing to actively market and sell (including online via the Site) such Product or (ii) 18 months following the Company’s first commercial sale of such Product. If a seller elects to exercise the repurchase option it will send written notice to the Company and the parties will enter into and perform the the Company’s standard form of Repurchase Agreement which will provide that such seller pay the Company a lump sum amount (the “Repurchase Price”) at the closing of the repurchase equal to the greater of (i) two (2) times the Company’s trailing twelve (12) month Net Revenue on sales of such Product or (ii) any reasonable costs and expenses incurred by the Company in connection with bringing the Product to market (e.g. out of pocket expenses for manufacturing, packaging, labels, raw materials etc.) that have not otherwise been recouped through Net Revenue actually received by the Company minus any royalties due to the seller. If a product has been made exclusively to contribute all royalty payments to a charitable cause and those contributions have been made by the Company on the seller's behalf then the creator/seller of that product can repurchase any IP and other User Content associated with the Product by reimbursing any reasonable costs and expenses incurred by the Company in connection with bringing the Product to market (e.g. out of pocket expenses for manufacturing, packaging, labels, raw materials etc.).   If a seller exercises the Repurchase Option, the Company will have a license to continue to use any of the repurchased IP and other User Content to sell any of its remaining inventory of Product.

Buyers: Purchasing of Merchandise

Payment: If you purchase any merchandise through the Bootstrapper’s Blends Service, you will be required to provide Bootstrapper’s Blends information regarding your credit card or other payment instrument. You represent and warrant to Bootstrapper’s Blends that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes associated with your purchase of merchandise through the Service.

Loss and Cancellation: Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.

Returns: You acknowledge and agree that goods produced by us for you are bespoke, custom-made goods. Other than where goods are faulty, you have no right to cancel any order or return any goods and all orders are final.

Waiver: Your purchase of an item using the Bootstrapper’s Blends Service constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to that purchase.

Bootstrapper’s Blends' Proprietary Rights

Service Content, Software and Trademarks: You are only authorized to use the Bootstrapper’s Blends Service for the purpose of engaging in business transactions with Bootstrapper’s Blends. You may not use any automated technology to scrape, mine or gather any information from the Bootstrapper’s Blends Service or otherwise access the pages of the Bootstrapper’s Blends Service for any unauthorized purpose. If you are blocked by Bootstrapper’s Blends from accessing the Bootstrapper’s Blends Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the Bootstrapper’s Blends Service or distributed in connection therewith are the property of Bootstrapper’s Blends, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.

The Bootstrapper’s Blends Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by Bootstrapper’s Blends, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the Bootstrapper’s Blends Service or the Service Content, in whole or in part. Any use of the Bootstrapper’s Blends Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Bootstrapper’s Blends.

Trademarks: “BOOTSTRAPPER’S BLENDS”, "SHRUBBLY", “LIFTED BY MANY”, “PRESS ON. MAKE GOOD.” and other Bootstrapper’s Blends graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress (collectively, the “Marks”) of Bootstrapper’s Blends in the U.S. and/or other countries. Other product and service names and logos used and displayed via the Bootstrapper’s Blends Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Bootstrapper’s Blends. Nothing in these Terms of Service or the Bootstrapper’s Blends Service should be construed as granting any license or right to use any of Bootstrapper’s Blends Marks displayed on the Bootstrapper’s Blends Service, without our prior written permission in each instance. All goodwill generated from the use of Bootstrapper’s Blends Marks will inure to Bootstrapper’s Blends’ exclusive benefit.

Third Party Material: Under no circumstances will Bootstrapper’s Blends be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third-party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.

Bootstrapper’s Blends may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Bootstrapper’s Blends, its users or the public.

Third Party Websites

The Bootstrapper’s Blends Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Bootstrapper’s Blends has no control over such sites and resources and Bootstrapper’s Blends is not responsible for and does not endorse such sites and resources. Bootstrapper’s Blends will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Bootstrapper’s Blends Service are between you and the third party, and you agree that Bootstrapper’s Blends is not liable for any loss or claim that you may have against any such third party.

Disclaimer of Warranties

YOUR USE OF THE BOOTSTRAPPER’S BLENDS SERVICE IS AT YOUR SOLE RISK. THE BOOTSTRAPPER’S BLENDS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, BOOTSTRAPPER’S BLENDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CAMPAIGN, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

BOOTSTRAPPER’S BLENDS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOOTSTRAPPER’S BLENDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL BOOTSTRAPPER’S BLENDS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BOOTSTRAPPER’S BLENDS OR BOOTSTRAPPER’S BLENDS HAS PAID YOU IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Termination

Bootstrapper’s Blends, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Bootstrapper’s Blends Service and remove and discard any content within the Bootstrapper’s Blends Service, for any reason. Further, you agree that Bootstrapper’s Blends will not be liable to you or any third party for any termination of your access to the Bootstrapper’s Blends Service.

Relationship

Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit Bootstrapper’s Blends in any way and will not attempt to do so or imply that you have the right to do so.

Dispute Resolution

YOU AND BOOTSTRAPPER’S BLENDS AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC BOOTSTRAPPER’S BLENDS SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE BOOTSTRAPPER’S BLENDS SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT, THE SITE AND/OR THE BOOTSTRAPPER’S BLENDS SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE BOOTSTRAPPER’S BLENDS SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's intellectual property rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, Bootstrapper’s Blends will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Boostrapper’s Blends Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose.

Governing Law

For users located in the European Union: These Terms of Service will be governed by the laws of the United Kingdom, without regard to its conflict of law provisions. With respect to any disputes, you and Bootstrapper’s Blends agree to submit to the personal and exclusive jurisdiction of the courts located in London, England. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.

For all other users: These Terms of Service will be governed by the laws of the State of Vermont without regard to its conflict of law provisions. With respect to any disputes, you and Bootstrapper’s Blends agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Vermont. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.

General

These Terms of Service constitute the entire agreement between you and Bootstrapper’s Blends and govern your use of the Bootstrapper’s Blends Service, superseding any prior agreements between you and Bootstrapper’s Blends with respect to the Bootstrapper’s Blends Service. The failure of Bootstrapper’s Blends to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Bootstrapper’s Blends, but Bootstrapper’s Blends may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. Bootstrapper’s Blends may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Bootstrapper’s Blends Service.

Notice for Users in California

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Bootstrapper’s Blends, Inc., 77 Geary Street, Suite 500, San Francisco, CA 94108.

Questions? Concerns? Suggestions?

Please contact us with any questions regarding these Terms of Service or the Bootstrapper’s Blends Service.

Last Revised October 2018