Free Bunni Terms of Use

1. Acceptance of Our Terms

By visiting Free Bunni Website, and by viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to this Website, you agree to be bound by the following Terms and Conditions of Website Use (“Terms”). If you do not want to be bound by our Terms, you should not visit, view or otherwise use the services of the Free Bunni Website. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and Free Bunni and that your use of this Website shall indicate your conclusive acceptance of this agreement.

Free Bunni may modify these Terms or other policies set forth on the Site from time to time. When we modify these Terms, we will update the “Last Updated” line above. It is your responsibility to regularly review these Terms. Your use of the Site following the posting of updated Terms constitutes your acceptance of such updated Terms.

2. Agreeing to Free Bunni's Privacy Policy & Email

Free Bunni respects your privacy. The personal information gathered from each member, including purchase history, will only be utilized and disclosed by Free Bunni for Program administration, internal analysis for marketing purposes, and as otherwise permitted by Free Bunni’s Privacy Policy. By applying for Membership in the Program, you agree to adhere to Free Bunni’s Privacy Policy and Terms of Use. Please refer to Free Bunni’s Privacy Policy and Terms of Use at www.freebunni.com. By applying for Membership in the Program, you also consent to receiving advertising, marketing materials, and other communications from Free Bunni. Upon signing up for the Program, you will automatically be subscribed to receive Program emails. If you prefer not to receive these communications, you can request discontinuation by updating your client profile at www.freebunni.com or by emailing editorial@freebunni.coms.

3. Changes, Termination And/Or Removal From Program (United States Only)

Free Bunni may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Free Bunni website.

Free Bunni reserves the right to exclude individuals from the Program in its sole discretion. Any abuse of the Program, failure to follow any terms of the Program, Membership inactivity for more than 24 months, any misrepresentation or any conduct detrimental to the interests of Free Bunni may subject members to Membership revocation and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any points in your account will automatically expire. Free Bunni reserves the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.

4. Limitation of Liability

Free Bunni will not be held liable for any damages arising out of or in connection with your participation or membership in the Program, including damages resulting from changes to or termination of the Program. This is a comprehensive limitation of liability that applies to all types of damages, including but not limited to direct, indirect, incidental, or consequential damages, loss of data, income, or profit, loss of or damage to property, and claims of third parties. To the extent permitted by law, the limitations on Free Bunni’s liability as set forth herein shall apply whether for breach or repudiation of contract, or whether in tort, civil liability by way of negligence, gross negligence, strict liability, or otherwise, even if advised of the possibility of such damage. By agreeing to these terms, you willingly acknowledge that you have relinquished your right to seek these damages from Free Bunni and that this is a reasonable allocation of risk.

See Section 19 below for important limitations on the terms of this Section 10.

5. Copyright

All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software are ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement, and assembly) of all Program content is the exclusive property of Free Bunni and is protected by U.S. and international copyright laws. All software used in connection with the Program is the property of Free Bunni or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a specific part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials – including reproduction, modification, distribution, republishing, transmission, display, or performance – without the prior written permission of Free Bunni is strictly prohibited.

6. Trademarks

www.freebunni.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Free Bunni and may not be used in connection with any product or service that is not offered by Free Bunni in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Free Bunni. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

7. Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.freebunni.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.freebunni.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.freebunni.com 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 do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 7.

8. Medical Information

This website is not intended to be a replacement for professional medical advice or treatment. The content of this website is for informational purposes only. Readers should seek their doctor’s advice for questions regarding treatment. The website owner and writers are not responsible for possible health consequences of anyone following the information on this website. All readers, especially those taking prescription or over-the-counter medications, should consult their doctors before beginning any new treatment or products.

9. Typographical Errors

In the event that a www.freebunni.com product is mistakenly listed at an incorrect price, www.freebunni.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. To the extent permitted by applicable law, www.freebunni.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.freebunni.com shall issue a credit to your credit card account in the amount of the incorrect price.

10. Term Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.freebunni.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

11. Notice

www.freebunni.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.freebunni.com.

12. Use of Site

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 a www.freebunni.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable 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 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.

13. Participation Disclaimer

www.freebunni.com 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 the site, www.freebunni.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.freebunni.com 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 right of another or (d) offensive or otherwise unacceptable to www.freebunni.com in its sole discretion.

14. Indemnification

You agree to indemnify, defend, and hold harmless www.freebunni.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) 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 other person accessing the site using your Internet account.

SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 14.

15. Third-Party Links

In an attempt to provide increased value to our visitors, www.freebunni.com may link to sites operated by third parties. However, even if the third party is affiliated with www.freebunni.com, www.freebunni.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.freebunni.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.freebunni.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

16. Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Subject to the Arbitration provision set forth in Section 22, you hereby consent and submit to the personal jurisdiction in the state and federal courts located in Los Angeles County, California. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these Terms must be in writing, signed by an authorized representative of Free Bunni to be valid. A waiver of any provision hereunder will not operate as a waiver of any other provision or a continuing waiver of the same provision in the future.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION WILL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 19.

17. DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER

To expedite and control the cost of disputes, you and Free Bunni agree on the resolution of any legal or equitable claim relating to the use of this Site or the purchase of any Free Bunni product from this Site (referred to as a “Claim”) as follows:

Informal Resolution: You and Free Bunni will initially attempt to resolve any Claim informally. In the event of a dispute, both parties agree to promptly resolve it informally by sending a written notice describing the dispute to: editorial@freebunni.com

Formal Resolution by Arbitration/Class Action Waiver: If an informal resolution is not possible, any asserted Claim will be resolved only by binding Arbitration. By agreeing to Arbitration, both you and Free Bunni understand and agree to waive the right to maintain other resolution processes, such as a court action. The Arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures and the rules set forth in these Terms. You may seek remedies available under the law. Free Bunni agrees to pay the Arbitration initiation fee, and if you are a consumer, you are not required to pay more than $250.00 of the fees. All other fees will be paid in accordance with JAMS Rules. The Arbitration will be held at a location in your home town area if possible. To initiate Arbitration, you or Free Bunni must write a demand for Arbitration, send copies to JAMS and the other party, and follow specified rules in the proceeding. The arbitrator’s decision is final, and neither party can join or consolidate claims in Arbitration or participate in any class or consolidated action. You retain the right to assert an individual Claim in small claims court instead of Arbitration.

18. Limited Time to File Claims

You agree to assert any Claim arising from your use of any Free Bunni Site or the purchase of any Free Bunni product from this Site within one (1) year after the Claim arises, or such Claim will be barred.

See Section 19 below for important limitations on the terms of this Section 18.

19. Exclusions and Limitations; Consumer Protection Notice

If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. If you are a New Jersey consumer, the terms of Sections 3, 10, 13, 19, 21, and 23 do not limit or waive your rights as a consumer under New Jersey law, and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Free Bunni reserves all rights, defenses, and permissible limitations under the law of your state of residence. Notwithstanding the foregoing, nothing in this Section shall modify Subsection 22(B) (“Formal Resolution by Arbitration/Class Action Waiver”).

20. Digital Millennium Copyright Act

Notification. If you are a copyright owner or an agent thereof and believe that any User Content or other Site content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Free Bunni’s designated Copyright Agent for notice of claims of infringement is:

Our Babylon, LLC.

2223 Oakland Rd. San Jose, CA 95131

e-mail: editorial@freebunni.com

Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Free Bunni at editorial@freebunni.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid. {Note to Free Bunni: Although not required, many sites also use this same (or a similar) notification system for notices of alleged trademark infringement. Please let us know if Free Bunni would like to do so.}

  1. Counter-Notification. If you believe that any User Content of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Content, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in the commonwealth or state you are located or the State of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter notification is received by the Copyright Agent, Free Bunni shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, Free Bunni may, in its sole discretion, reinstate the removed material or cease disabling such material.

  1. In accordance with the DMCA and other applicable law, Free Bunni shall, in appropriate circumstances, terminate access, at Free Bunni’s sole discretion, of any user that Free Bunni finds to be a repeat infringer of others copyrights. Free Bunni may also, in its sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.