For purposes of these Terms & Conditions, the “Website” shall mean www.getboobiebars.com and any other Boobie Bar® branded websites, web pages, mobile applications and mobile websites operated by Colson Health, Inc. PO Box 235473 Encinitas, CA 92023
Agreeing to Terms
This website is owned, operated, and maintained by Colson Health, Inc. Your use of this site and the information on this site is subject to the following terms & conditions. If you do not agree to these terms & conditions, please do not visit or use our website, nor access our services. Colson Health, Inc. reserves the right to modify or make changes to these terms & conditions at any time. Your use of our website indicates acceptance of all terms & conditions.
General Liability Disclaimer
Colson Health, Inc. (dba Boobie Bar®) offers health statements, nutrition information, as well as lactation tips and resources. The use of this site and any information provided is used solely at your own risk. Content on this site is for reference purposes and is not intended to substitute for advice given by your personal physician, lactation consultant, midwife, OB/GYN, pharmacist, or other licensed health-care professional. These statements have not been evaluated by the Food and Drug Administration and should be used for educational purposes only. Please discuss the use of our products with your physician, lactation consultant, midwife, OB/GYN, or other healthcare professional to make sure that they are suitable for your needs. Before making any dietary changes, you should always seek professional healthcare advice. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of information you may have read on this site. You should not use this information as self-diagnosis or for treating a health problem or disease. Colson Health, Inc. assumes no liability for inaccuracies or misstatements about products, services, or injuries/death/health issues that may arise from any featured advice. By using this site you agree to indemnify and hold harmless Colson Health, Inc. (its affiliates, officers, directors, shareholders and employees) from and against any and all claims, damages, liability, personal injury, costs and/or expenses, including attorneys’ fees, settlement costs, and judgments, arising from or relating to your use of this website, its content, products or our services. Colson Health, Inc. will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
All trademarks (registered or unregistered), logos, designs, photos, trade names, service marks, text, layout, graphics and the “look and feel” of content appearing on this website (past, present and future versions) are protected intellectual property of Colson Health, Inc. in the United States and/or internationally. This includes the entire content of this Website, protected and copyrighted as a collective work. No content is to be copied from our Website, whole or in part, without the prior written consent. Improper use of trademarks and copyrighted information displayed on this site is strictly prohibited. It is policy of Colson Health, Inc. to respond immediately to alleged copyright infringement.
User Submitted Forms & Entries
By submitting any content to this site, you understand and agree that you are authorizing Colson Health, Inc. to possess your name and any personal information you voluntarily disclose through an email, form, or contest entry, including without limitation, all images, videos, photographs, statements, testimonials, opinions, interviews, stories, experiences, and responses to inquiries. Colson Health Inc. is authorized to use, include, and disclose the this Personal Information in a fair and reasonable manner in connection with any advertising, promotion or other publicity of or regarding Colson Health, Inc.’s products or services. Consent is completely voluntary, and you will not receive any payment or other compensation of any kind in connection with this Consent or any use or disclosure of the Personal Information pursuant to this Consent. Any derivative works from user submissions, in whole or in part, is property of Colson Health, Inc. We reserve the right to have final editing power over any article including title, body, and photos. The original contributor will be provided with a final copy of the article or story before publication on our website or social media pages. Colson Health, Inc. is waived and released from any liabilities and claims regarding the use or disclosure of the Personal Information pursuant to these Terms & Conditions, including without limitation, any liabilities and claims for invasion of privacy, infringement of publicity rights, defamation and any other personal and property rights. When you complete a form or enter a contest on this Website you will be automatically enrolled to receive our newsletter and be notified of special promotions and/or sales. You can remove yourself from our email list at any time.
Terms of Sale
By placing an order you are offering to purchase a product subject to the following terms & conditions:
- Pricing and products may change without notice
- All orders are subject to availability and confirmation of order price Shipping times may vary according to availability and subject to any delays resulting from postal delays or inclimate weather for which we are not be responsible
- Products that are unavailable at the time of shipping will be shipped as they become available
- While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
- For the safety of our customers, all sales are final on food items and we do not accept returns. However, on clothing items we accept exchanges for 14 days from the date of original purchase. Shipping charges will be paid by the customer in the return of the garment. Original invoice must accompany merchandise in the original package in order to issue an exchange. Please indicate your reason for exchange in your return package and notate the updated size you would like.
- Please contact us if you believe we made a fulfillment mistake resulting in the shipment of incorrect product.
- Taxes: You will be automatically charged the applicable sales tax (based on the delivery address) within the state that you live.
In some cases, Colson Health, Inc. may provide links to other websites, blogs, or suggest additional products or resources. By accessing any link from this site, you do so entirely at your own risk. Colson Health, Inc. is not responsible for the content of any linked site or their privacy practices. Where a trademark, brand name, or company is referred to, is to be used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Colson Health, Inc.
Submission of personal information on our social media pages (statements, testimonials, and/or your user content) linked through this Website is completely voluntary. Please keep content submissions relevant, appropriate, and do not misrepresent yourself or your user content. Colson Health, Inc. has the right to delete or remove any posting, likes, or user content on our social media pages at any time (Facebook, Twitter, Instagram, and Pinterest). Colson Health, Inc. is authorized to include, use, reproduce, display and otherwise disclose any user content submitted through our social media sites.
SMS MOBILE MESSAGE MANAGEMENT PROGRAM TERMS AND CONDITIONS
User Opt In
The Program allows Users to receive SMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or predetermined mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, STOPALL, to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the management of the users digital subscription, services, and events.
Cost and Frequency
Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
Our Disclaimer of Warranty
The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
In the event that there is a dispute, claim, or controversy between you and Us, or between you and Agency Enterprise LLC d/b/a ElectricSMS or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which ElectricSMS’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.