By accessing and using this site, you agree that you have a duty to read these Terms and Conditions, that you have done so, and that you accept these Terms and Conditions in full, including, without limitation, Warranty Disclaimer and Limitation of Liability set forth further below. Furthermore, you understand and accept that you are precluded from using lack of reading as a defense against all remedies contained herein. If you disagree with any part of these Terms and Conditions, please do not use this website.
These Terms and Conditions are subject to change by Gaia Botanicals LLC D/B/A Bluebird Botanicals (“Bluebird”) at any time in its discretion. Your use of this site, including any product order, after any such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please regularly review these Terms and Conditions.
Access to this Site
You must be eighteen (18) years or older to use this website, including to register for an account and purchase goods or services on our website. If you are under eighteen (18) years of age, you are not permitted to access this website for any reason. By using this website (and agreeing to the Terms and Conditions) you warrant and represent that you are at least eighteen (18) years of age. Due to the age restrictions for use of this website, no information obtained by this site falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.
You will receive a password and account designation after you have completed an account registration form and provided the required account information. You agree to maintain the security of your account on our website, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
Use of this Site
You agree to use our website only for lawful purposes. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including of a Bluebird or other licensed employee, host, or representative, as well as of other members or visitors to this site, is prohibited. You may not upload to, post, distribute, or otherwise publish or transmit through this site any content or material of any kind which is unlawful, fraudulent, libelous, defamatory, obscene, profane, threatening, derogatory, invasive of privacy or publicity rights, abusive, illegal, or which we otherwise deem objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any applicable local, state, national, or international law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You may access and use this website for purposes expressly permitted by Bluebird. You may not use it for any other purposes, including commercial purposes such as co-branding, framing, or hyperlinks, without the express prior written permission of an authorized representative of Bluebird. For purposes of these Terms and Conditions, “co-branding” means displaying a name, logo, trademark, tradename or other means of attribution or identification of any party in such a manner as to reasonably give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible through this site.
Bluebird Botanicals Loyalty Program
A Member or non-Member can enroll in the Bluebird Botanicals Loyalty program by creating a store account here. Any earned rewards from the Loyalty Program are non-transferable and have no cash value. Such earned rewards expire within one year of earning them. Rewards may be used in tandem with automatic discounts on the website, but otherwise cannot be combined with any other discount code that we’re currently running or may run in the future. Rewards also cannot be used on subscription orders or bulk orders. The Bluebird Botanicals Loyalty Program is subject to applicable law and may be awarded, canceled or amended at any time in our sole discretion.
Loyalty points may be rewarded for completion of a verified product review. Bluebird Botanicals may reject reviews at sole discretion, including reviews that contain spam links, harmful language, profanity, and unsubstantiated health claims about our products deemed impermissible by the FTC.
Bluebird Botanicals’ official return policy applies to all orders purchased using rewards points. Orders under $110 that were purchased using rewards points may be returned in their entirety within 30 days of purchase. Bluebird Botanicals will refund the customer the entire dollar amount spent after the discount was applied. The points used to redeem the discount will be added back to the redeemer’s account. We do not take returns based on taste or smell except for our Flavored Hemp Oils, Hemp Gummies, and Hemp Lotions. We typically process approved return/refund requests within 1-2 business days.
Website and Medical Information Disclaimer
This website contains general information and content about diet, health, and nutrition. This information and content is not advice, and should not be treated as such. The contents of this website are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition.
The general information and content on this website are provided “AS IS” without any representations or warranties of any kind, express or implied. Bluebird makes no representations or warranties whatsoever in relation to any health information on this website.
You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition, you should seek medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in Company materials or provided by any Company representative, none of which information is intended to be a substitute for medical diagnosis, advice or treatment. If you are considering making any changes to your lifestyle, diet or nutrition, including taking any nutritional, herbal or homeopathic supplement, you should consult with your doctor or other healthcare provider before doing so. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Neither the Company nor its representatives are providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials or other information set forth on this website or in other Company materials or provided over the phone or in email correspondence. All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Bluebird does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not or no longer accurate or complete.
This website may contain links to third-party websites. The Company provides these hyperlinks as a convenience only and does not sponsor or endorse any of these sites or their contents. The Company is not responsible for the content of, and does not make any representations or warranties regarding the content or materials on, such linked third-party websites. If you decide to access or rely on information at a linked third-party website, you do so at your own risk.
Bluebird has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Bluebird. Nonetheless, Bluebird seeks to protect the integrity of its website and therefore requests any feedback on sites to which it links, including if a specific link does not work.
The material and content of this site, including but not limited to text, logos, photos, graphics and code (collectively “Content”) are protected by copyright, trademark or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States, United Kingdom, and other copyright laws and is the property of or licensed by Gaia Botanicals, LLC and Bluebird Botanicals LTD., and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.
“Bluebird Botanicals”, and all other logos, page headers, custom graphics, and icons are trademarks, tradenames and/or service marks owned by Gaia Botanicals LLC, Bluebird Botanicals LTD, or an affiliate of the Company, unless otherwise indicated.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order or purchasing Bluebird products. You may display and, subject to any expressly stated restrictions or limitations, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with or purchase products from Bluebird. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site, is strictly prohibited, unless authorized in writing by Bluebird. You may not modify, remove, delete, augment, add to, publish, or participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to Gaia Botanicals, LLC and it’s subsidiary Bluebird Botanicals LTD, or its licensor. You further agree not to change or delete any proprietary notices, warranties, or disclaimers from materials downloaded from the site.
If you violate any of these terms, your permission to use the Content automatically will terminate and you must immediately destroy any copies you have of any portion of the Content.
Submissions; Participation Disclaimer
Bluebird does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on this site, Bluebird is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the site. However, Bluebird reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property rights of another, or (d) offensive or otherwise unacceptable to Bluebird in its sole discretion.
You agree to indemnify, defend and hold harmless Bluebird, its subsidiaries, affiliates, officers, directors, employees, agents, suppliers, contractors, licensors, and service and content providers (hereinafter known as the “Indemnified Parties”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any person accessing the site using your account. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
Limitation on Liability
In no event shall any indemnified parties be liable for any actual, consequential, incidental, direct, indirect, punitive, exemplary, special, or other damages, including without limitation loss of revenue or income, profits, value or use, pain and suffering, or similar damages, even if the company has been advised of the possibility of such damages. No person is authorized on behalf of Bluebird to give any other representations, or to modify or extend the limited warranties provided on this website, or to assume any other liability in connection with this website or the products offered for sales by Bluebird. In no event shall the collective or total liability of the indemnified parties to any party for any claim (regardless of the form of action, whether in contract, warranty, tort or otherwise, excluding willful misconduct or gross negligence) exceed the price paid for the product or service which gives rise to such claim.
Bluebird shall not, under any circumstances, be liable for any use of, or the inability to use, the materials on this site.
Applicable law may restrict the use or extent of limitations or exclusions to liability for incidental or consequential damages, so the foregoing limitations and exclusions may not apply in full to you. Nonetheless, in no event will Bluebird’s liability for products purchased from this site exceed the price paid for such products, including any shipping and handling charges.
Bluebird’s industrial-hemp derived supplements, and the majority of industrial-hemp products on the market, contain a naturally occurring trace amount of tetrahydrocannabinol (THC). The amount of THC in our products never exceeds 0.3% concentration by weight, per state and federal regulations and definitions of industrial hemp, and while it is highly unlikely that one would fail a traditional drug test from using our products, that possibility cannot be ruled out. Taking excessive amounts of industrial hemp products, the type or method of drug test utilized, and an employer’s or organization’s requirements and policies, among other things, are factors that may influence drug test results. By agreeing to these Terms and Conditions and placing an order with us, you are indicating that you understand that failing a drug test is a possibility when using industrial hemp products, and that you waive the right to make a claim against Bluebird for any matters related to any drug test you take or the results of any such drug test, including the loss of employment or any employment opportunity or the imposition of a civil or criminal penalty.
Local Jurisdictions/Buyer’s Compliance with Applicable Laws
Bluebird makes no representations that the products available through this website will be available or appropriate in every jurisdiction in which this website may be accessed. To the best of Bluebird’s knowledge, it operates legally under both state and federal law in the United States, and other countries it may distribute to; however, it is impossible for the Company to be aware of the laws and regulations of all local jurisdictions (e.g. municipalities and counties) relating to industrial hemp-derived products. Bluebird isn’t responsible for any potential legal matters that may arise due to such local regulations.
Please be aware of the current shipping restrictions preventing certain Bluebird hemp products from being sold in the following jurisdictions due to state regulations:
- Hawaii - No products can be sold
- Iowa - Cooling Pain Relief Cream and Companion Hemp Oil cannot be sold
- Louisiana - Complete Hemp Oil, Complete Extra Strength Hemp Oil, Concentrated 10ml Hemp Oil Sample Pack, Complete Hemp Soft Gels, Sport Hemp Lotion, Hemp Gummies, and Cooling Pain Relief Cream cannot be sold
- Ohio - Cooling Pain Relief Cream cannot be sold to those under the age of 18
- Oregon - Extra Strength Classic Hemp Oil (2 oz. size only), Extra Strength Complete Hemp Oil (2 oz. size only), Companion Hemp Oil, all hemp soft gels and capsules, and Hemp Gummies cannot be sold. For all other products, customers must be 21 years of age or older to purchase.
- Rhode Island - No products can be sold
- Utah - Hemp Gummies and Cooling Pain Relief Cream cannot be sold
You are solely responsible for compliance with any laws governing the purchase and use of the products available through Bluebird’s website or a website linked to Bluebird’s website. IT IS YOUR RESPONSIBILITY AS THE PURCHASER AND/OR USER, NOT BLUEBIRD’S, TO ASCERTAIN AND OBEY ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS REGARDING THE POSSESSION AND USE OF ANY ITEM OR PRODUCT OFFERED BY BLUEBIRD OR BY A WEBSITE LINKED TO BLUEBIRD’S WEBSITE. IF YOU ARE UNSURE, PLEASE CONTACT YOUR LOCAL OR STATE AUTHORITIES BEFORE PLACING AN ORDER. BY PLACING AN ORDER, YOU INDICATE THAT YOU UNDERSTAND AND AGREE it is your sole responsibility as buyer to determine if industrial hemp derived products are legal according to the laws that apply to you and represent and warrant that you have read this disclaimer and that all products purchased will be used in a lawful manner and that you are of legal age to purchase and use such products.
You understand and agree that the limitations on liability set forth above apply to the foregoing.
This site and, except as provided in the following sentence, the materials, and products offered on this site are provided “as is” and without warranties of any kind, whether express or implied. Bluebird warrants that all Bluebird products purchased on this site, at the time of shipment, will not be adulterated, and will contain the ingredients specified for the products as labeled.
Bluebird makes no warranty with respect to products, services or this website that is not set forth in writing in these terms and conditions, and specifically disclaims and excludes, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, any and all other representations and warranties of any kind, express or implied, arising by operation of law or otherwise, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. The remedies provided in these terms and conditions are exclusive, and Bluebird expressly and specifically disclaims, and customer irrevocably waives the right to seek, all other remedies.
Bluebird does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Bluebird does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Some states restrict the use or extent of limitations or exclusions regarding warranties, so the foregoing limitations may not apply in full to you.
Bluebird may deliver notice to you by means of a general notice posted on the site, or an e-mail to any address you have provided to Bluebird, or by any other method reasonably believed by Bluebird to be reliable.
Governing Law; Jurisdiction
Any disputes arising from services provided via the website shall be subject to the laws of the United States, without regard to choice of law provisions, and not by the 1980 United Nations Convention on contracts for the international sale of goods. You agree that personal jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this site or these Terms and Conditions (including but not limited to the purchase of Bluebird products) shall be in the United States courts, and you waive any right to object to the laying of venue in such courts and the right to claim inconvenient forum. Any cause of action or claim you may have with respect to this site (including but not limited to the purchase of Bluebird products) must be commenced within one (1) year after the claim or cause of action accrues. Bluebird’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Prices and Taxes
Prices listed on this website for products or services, unless otherwise noted, are exclusive of shipping charges, and of any applicable value-added, sales, use, excise, transfer, transport, or other tax, tariff or duty of any sort imposed by any government authority (“Taxes”). Customers are solely responsible for all Taxes payable in connection with the purchase of products or services.
Product Availability; Orders
All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction. We reserve the right, in our sole discretion, to refuse orders. If we believe that an order is false or fraudulent, we may cancel the order and reserve the right to inform the relevant authorities.
For online orders, we accept payment by Visa, Mastercard, American Express, Discover and Cryptocurrency. If a payment is not successfully settled, due to invalid payment method, declined credit, expiration, insufficient funds or otherwise, we reserve the right to cancel your order. Orders are shipped only after receipt of full payment. For certain payment methods, you may be charged a processing fee, foreign exchange/translation fee (international orders) or other fees; you are solely responsible for the payment of all such fees. Check with your payment method service provider for details. Bluebird’s Terms and Conditions, including, without limitation, the provisions regarding limitation of liability and indemnification, apply with respect to payment methods and payment processing, and Bluebird s not responsible for any charges, errors or losses that may result from any payment method used by you for the purchase of our products.
Typographical and Inadvertent Errors
In the event that a Bluebird product is mistakenly listed at an incorrect price, Bluebird reserves the right to refuse or cancel any orders placed for that at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is canceled, Bluebird shall issue a credit to your credit card account in the amount of the incorrect price charged to you.
Promotion and Coupon Codes
Multiple coupon codes cannot be used simultaneously. When buying bulk volume through the website for special tiered discounts, no coupon code can be used.
Shipping & Delivery
We generally ship items within one or two business days of our receipt and acceptance of an order. If there is a delay affecting our ability to ship generally, we will attempt to conspicuously post that fact on this site.
We fill United States orders primarily using UPS SurePost and UPS Mail Innovations. These UPS options do not have guaranteed delivery times and make their final delivery via USPS. If you require a guaranteed shipping option, please consider using the UPS Ground or UPS 2 Day. We also offer standard USPS options upon request. Requests for use of a courier service or for overnight shipping cannot be processed on this website; however, we generally can accommodate these requests if you place your order by phone at the telephone number first appearing above. If you desire a signature confirmation, please note your order will ship via USPS Priority. Bluebird cannot be held liable for replacing packages $300 or over that do not have a signature requirement at time of delivery.
Unless otherwise expressly agreed in writing, TIME IS NOT OF THE ESSENCE, and any delivery date requested or provided is an estimate only. Bluebird is not responsible for delays or for non-performance resulting from causes beyond its reasonable control, including without limitation laws, rules, regulations or acts of any government, embargoes, blockades, armed conflict, terrorism, labor disputes, delays of carriers or suppliers, shortages of material, accidents, fires, floods, weather conditions and any other acts of God.
Unless otherwise noted on this website, delivery of products is FCA (Incoterms (2010), the international rules for the interpretation of trade terms of the International Chamber of Commerce) Bluebird’s facility where the products you order are located at the time of shipment. This means that you will be charged for the cost of shipping, and title and risk of loss will pass to you upon Bluebird’s delivery of the products you order to the U.S. postal service or courier service.
We currently ship to the United States.
All international sales are subject to all applicable U.K., U.S., and foreign export controls (including, without limitation, the Export Administration Act of 1979, the Export Administration Regulations promulgated thereunder, the U.S. Arms Export Control Act and the International Traffic in Arms Regulations), and by placing an order through this website, you affirm that you will comply with all such applicable export controls and regulations.
You will be the importer or exporter of record and are responsible for all required licenses, permits, and authorizations. Customs and import duties may apply to international sales. Those charges are the responsibility of the recipient of your order and vary from country to country. It is your responsibility to check with the appropriate authorities to verify whether the country to which you are having products delivered permits the importation of those products and whether customs or import duties or similar charges will apply. Bluebird is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
We understand that you may need to return a product. Should you feel the need to do so, you have 30 days from the date of purchase to initiate the process. Please contact us at (720) 726-5132 or email@example.com and one of our Customer Care Representatives would be happy to assist you.
Limited to one return or exchange per customer. Only purchases up to $110.00 qualify for a refund. We do not take returns based on taste or smell except for our Flavored Hemp Oils, Hemp Gummies, and Hemp Lotions. We typically process approved return/refund requests within 1-2 business days.
If your product was purchased through a Bluebird Botanicals distributor or retailer, you will need to go back to your original purchase location for any return or exchange.
If a package is lost after we ship it, which does occasionally occur, Bluebird will not be responsible if the tracking information lists the order as “delivered,” which means UPS or the courier service delivered the product to the address specified. If the package is sent to an address other than the one you specified, upon return of the original package to Bluebird, Bluebird will reship the order. Please note that Bluebird is not responsible for errors of USPS or courier services, or if you provide or confirm an incorrect address. It, therefore, is very important that you ensure that the address you give to us is exactly correct, as any mistake could delay delivery and will entail extra expense to you. If you place an order by phone, we will read the delivery address (and other information you provide) aloud and repeat it to you, to help you be sure it is correct.
Product Defects & Damaged Packages
We allow three days from the date of delivery to notify us if there is any type of defect with a product or if the package it was in was damaged in transit. If we aren’t notified of defects or damages within the three-day window, it is understood that the package and products were in good condition upon delivery.
SMS (Text Messaging) Terms and Conditions
The following provisions apply specifically and only to Bluebird’s use of text messaging for marketing and non-marketing purposes. Please read them carefully before opting to receive text messaging from Bluebird.
How to Opt-Out. Text Messages are intended to provide you with information about your order, including processing and delivery information, and/or marketing or promotional information about Bluebird’s goods and services (e.g., product launches, promotions, coupons, and Bluebird-sponsored events). SMS text messaging service is optional and is not a condition for purchase of Bluebird products or use of our website. You can opt out of receiving any further Text Messages from Bluebird at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from Bluebird or email firstname.lastname@example.org.
Costs for Text Messages. In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier (such as T-Mobile, AT&T, Verizon, Metro, or Sprint). Please consult your wireless service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number
“AS-IS” Basis. Text Message services are provided on an “AS-IS” basis. Delivery of information and content to a mobile phone device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Bluebird’s control. Neither Bluebird nor the wireless carriers will be responsible or liable for any issues arising from delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. If your carrier does not permit SMS messages, you may not receive the Text Messages.
Change in Phone Number. If you change or deactivate the mobile phone number(s) you provided to Bluebird, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our Text Messages unless you also unsubscribe (opt-out) via the above procedures. You agree to indemnify Bluebird in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us of a change in your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER. IMPORTANT – PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH BLUEBIRD, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS, ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY OPTING-IN TO SMS TEXT MESSAGING, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Termination of Text Messaging. Bluebird may suspend or terminate your SMS text message account including your receipt of Text Messages from us if we believe you are in breach of these SMS Terms and Conditions. Your receipt of Text Messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Bluebird reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Text Messages, with or without notice.
Informal Process First. You agree that in the event of any dispute between you and Bluebird, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to arbitration under these terms.
BINDING ARBITRATION for DISPUTE RESOLUTION. Any dispute, controversy or claim arising from or relating in any way to your use of SMS Text Messaging through Bluebird’s website and/or the receipt of Text Messages from Bluebird, including by you opting-in or opting-out of receiving Text Messages or you receiving text message from, or sending text messages to, Bluebird (each a “claim” and collectively, “claims”), will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
Waiver of Jury Trial and Class Action Waiver. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these SMS Terms and Conditions and Arbitration Agreement as a court would. You acknowledge and agree that you and Bluebird are each waiving, to the fullest extent permissible by law, the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Bluebird otherwise expressly agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If for any reason a claim proceeds in court rather than in arbitration Bluebird and you each waive any right to a jury trial.
You and Bluebird each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed and administered by the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Optional Expedited Arbitration Procedures then in effect will apply (the “JAMS Rules”), except as modified by this Agreement. The JAMS Rules are available at https://www.jamsadr.com/ or by calling 1-800-352-5267. The discovery or exchange of non-privileged information relevant to the dispute shall be allowed in accordance with the JAMS Rules. This provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. Notwithstanding any choice of law or other provision in the Terms and Conditions, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and JAMS Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and JAMS Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Colorado.
Starting an Arbitration. If you intend to seek arbitration, you must first send written notice to Bluebird of your intent to arbitrate ("Notice"). The Notice to Bluebird should be sent by any of the following means: (i) E-mail to email@example.com; or (ii) sending the Notice by U.S. Postal Service certified mail or Federal Express or other nationally recognized courier, with signature required for delivery confirmation, to Bluebird at [ADDRESS] Attn: Brandon Beatty. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within forty-five days (45) days after the Notice is received, you or Bluebird may commence an arbitration proceeding.
Format of Proceedings. The arbitration will be conducted, at the option of the party seeking relief, by telephone, video conference, online, or based solely on written submissions; additionally, you may choose to have the arbitration conducted in person in the county where you live or at another mutually agreed location.
Fees. If you initiate arbitration, your arbitration fees will be limited to the consumer filing fee of $250 as set forth in the JAMS Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Bluebird will pay all other JAMS and professional fees and expenses for the arbitrator’s services. If Bluebird is the claiming party initiating an arbitration against you, we will be required to pay all JAMS costs and arbitrator fees, including the filing fee. If the arbitration is conducted in California, you are not required to pay the arbitration fees and costs even if Bluebird is the prevailing party.
Bluebird will not seek attorneys' fees and costs in arbitration unless the arbitrator determines your claim is frivolous.
Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing with a concise written statement of the essential findings and conclusions of which the award is based. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Severability. If any provision of this Arbitration Agreement (other than the Class Action Waiver above) is found to be illegal or unenforceable, that clause will not apply, but all enforceable provisions will remain valid. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Arbitration Agreement will be unenforceable and the dispute will be decided by a court.
Continuation. This Provision shall survive the termination of your Text Message account with Bluebird or our affiliates and your discontinued use of this website. Notwithstanding any provision in this Arbitration Agreement to the contrary, Bluebird agrees that if we make any change to this Arbitration Agreement (other than a change to the Notice addresses or correction that has not material effect on your rights under this Arbitration Agreement), you may reject any such change and require us to adhere to the language in this Arbitration Agreement.
Changes to SMS Terms and Conditions. Bluebird may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Bluebird’s website. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Text Messages will indicate your acceptance of those changes.
Contact Us. If you have questions regarding these SMS Terms and Conditions, please reach out to us by submitting a “contact us” form on the website.