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Terms and Conditions

You can find the details of our terms and conditions below.

 

Bump and Thrive, LLC Terms Of Use

THERE IS A MANDATORY WAIVER OF CLASS ACTION IN THESE TERMS.  PLEASE REVIEW CAREFULLY.

The following Terms of Use (“Terms”) constitute an agreement between Bump and Thrive, LLC (“Bump”) and the purchaser (“You”) of a program or service (the “Product” or “Products”) offered by Bump found at https://www.bumpandthrive.com/ (the “Website”) that governs Your participation with the Products. You agree to abide by the Terms as a condition of Your participation with a Product.

Your purchase of any Product constitutes Your acceptance of, and agreement to the following Terms. Bump reserves the right to modify, alter, amend, or update its Products, policies and these Terms. If we decide to make changes to these Terms, we will notify You by posting the revised Terms on the Website Home Page and in pop-up messages when you login to your Bump account.  Your use of Bump’s Website and Products constitutes your acceptance of these Terms and acceptance of any changes to the Terms.  If You do not agree with or do not accept any part of these Terms, You should not purchase any Product. 

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION, THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.  IN ARBITRATION THERE IS LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT.

Privacy Policy

Bump respects Your privacy and is committed to protecting it. Your access and use of the Products are subject to Bump's Privacy Policy as well.

Disclaimer

You understand that a professional or consulting relationship does not exist between You and Bump.  Bump has made every effort to ensure that all materials in the Products have been tested for accuracy. There is no guarantee that You will see positive results using the techniques and materials provided by Bump. 

Medical Information Disclaimer

The Products may discuss or relate to topics concerning health, fitness, nutrition, and/or medicine. The information is provided for informational and sometimes entertainment purposes.  This information is not medical advice and should not be treated as medical advice. To the fullest extent permitted by law, the information provided in the Products is provided “as is” without any warranty of any kind, implied or express, as to the accuracy, completeness, or appropriateness of any of the programs and information offered on this website.  Lauren is not a doctor and is not providing medical advice.  The services provided are guides and are only to be used as guides and not medical advice.  You should not rely on the information provided in this program as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.  If you have any questions or concerns about your health, you should consult with a physician or other health care professional.  Do not disregard, avoid or delay obtaining medical or health related advice from your or a healthcare professional because of something you may have heard or read on this website, in any of the videos, in any of the e-books, or in any information offered by Bump + Thrive.  The use of information provided through Bump + Thrive’s website is solely at your own risk and is not medical or healthcare advice.   

Nothing stated or posted on Bump + Thrive’s website or available through any Bump + Thrive service is intended to be, and must not be taken to be, the offering or practice of medical or counseling case.  Developments in medical research may impact the health, fitness, and nutritional information that appears here.  No assurances can be given (and none are given) that the information contained on this website, in the e-books, or in any of the videos, will always include the most recent findings or developments with respect to the particular material.

In purchasing the Product, You agree and affirm that You have consulted with a medical professional and/or healthcare provider to ensure you are healthy to participate in the Product.  You agree that you will not participate in the Product without receiving Your doctor’s consent to doing so.  Moreover, You must not rely on the information in the Products as an alternative to advice from Your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided in the Products.  

Bump is not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the information available in the Products.

Wellness and Lifestyle Disclaimer

All information provided regarding wellness and lifestyle in the Products is intended to be used for informational purposes only. Content related to wellness and lifestyle is not medical advice nor is it intended to replace medical advice. The Products are not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before implementing any information or engaging in any activity provided in the Products, You should seek advice from a licensed medical professional.

Bump is not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of Your use, application, or interpretation of the wellness and lifestyle information available in the Products.

Nutrition Disclaimer

All information provided regarding nutrition in the Products is intended to be used for informational purposes only. Content related to nutrition is not medical advice nor is it intended to replace medical advice. The Products are not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, modifying Your diet, or making changes to the diet of a child in Your care, including following the nutrition information available in the Products, You should seek advice from a licensed professional.

Bump is not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available in the Products.

The Food and Drug Administration has not evaluated the statements contained in any information in the Products. Individual results may vary.

Fitness Disclaimer

The Products may discuss topics related to health and fitness and may include information on exercise, an exercise program, and workouts.  The fitness information provided in the Products is for informational purposes only. In purchasing the Product, You agree and affirm that You have consulted with a medical professional and/or healthcare provider to ensure you are healthy to participate in the Product.  You agree that you will not participate in the Product without receiving Your doctor’s consent to doing so.  You further agree and understand that if you are trying to become pregnant, are pregnant, or are postpartum, there are inherent risks involved in participating in any fitness program.  Any form of exercise, especially to persons who are pregnant or postpartum, poses inherent risk of injury and by voluntarily engaging in any exercise or workout presented in the Products You assume the risk of any potential injury that may result, including but not limited to injury, death, and loss of pregnancy.  Even if the information provided in the Products is from a certified personal trainer, it is for informational purposes only and the personal trainer has not consulted with You on an individual basis.

Mindset Disclaimer

All information in the Products is for informational purposes only and is not a replacement for medical advice from a physician, therapist, social worker, or other medical professional. The information in the Products does not replace the relationship between physician/therapist and client in a one-on-one treatment session with an individualized treatment plan based on their professional evaluation.  The information provided in the Products is provided “as is” without any representations or warranties, express or implied.

Do not rely on the information in the Products as an alternative to advice from Your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided in the Products.  All medical information in the Products is for informational purposes only.

Your Responsibility

The Products were developed strictly for educational purposes. You understand and agree that You are fully responsible for Your participation, progress, and results from the Products. Bump makes no representations, warranties, or guarantees. You understand that results may vary from person to person. You understand that Bump is not responsible for Your results or any expenses that You may incur as a result of Your purchase. Bump assumes no responsibility for errors or omissions that may appear in the Products.

Express Assumption of Risk and Waiver

The Products may constitute workouts or other strenuous activity.  You understand that the Products are being offered to women trying to become pregnant, pregnant women and women that are postpartum, which Products can be dangerous for such women, and there are inherent risks involved in such women engaging in such Products, including the risk of serious physical injury, death, and loss of pregnancy.  You agree that You have expressly discussed Your participation in an exercise program with Your doctor, and Your doctor has approved Your participation. You voluntarily agree to assume full responsibility for any risks, conditions, injuries or damages known or unknown, which might occur or aggravate as a result of Your negligent or intentional acts or omissions or the inherent risks involved in participating in the Products.  While participating in the Products, You will follow all Bump policies and instructions, which include, but may not be limited to, wearing supportive sneakers, lifting gloves, or other protective gear when lifting and working out.  You further agree and warrant that if at any time You believe conditions to be unsafe, You will immediately stop using the Products.

Purchase Policies

You may purchase Products on the Website. To purchase a Product, You will be required to select a payment option and provide information regarding Your credit card or other payment instrument. You represent and warrant to Bump that such information is true and that You are authorized to use the payment instrument. You will promptly update Bump with any changes (for example, a change in Your billing address or credit card expiration date) that may occur. You agree to pay Bump the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms. You hereby authorize Bump to bill Your payment instrument in advance in accordance with the terms of the applicable payment plan until You complete full payment and You further agree to pay any charges so incurred. If You dispute any charges You must notify Bump within thirty (30) days after the date that Bump charges You.

Products that are Self-Guided Programs (“Programs”), which will be accessible upon purchase, include access to an e-book, insight on wellness/lifestyle, fitness, nutrition, and mindset, follow-along workouts, expert interviews, access to a private Facebook community for each program, and weekly emails with tips and resources. You will have lifetime access to these Programs and support group as long as Bump offers them.

The Products that are for Personal Training Services (“Personal Training”) are for working directly with a Bump Fitness Personal Trainer – either online or in-person. Trainers will perform an assessment, develop a customized training plan based on assessment, and perform 60-minute coaching sessions for each session purchased. Online sessions must be used prior to the 30 day expiration date.

Registration and Restricted Access

Access to the Products is restricted to Product purchasers.  When You register, You will create a user profile, which may include a username and password. You agree to keep Your username and password confidential.  You may not share Your username and password with anyone, for any reason, without the express written consent of Bump.  If You suspect Your password has been compromised, You must notify Bump immediately at [email protected]. Bump will not be liable for any loss caused by the unauthorized use of Your account; however, You may be liable to Bump or other third parties for any losses incurred due to such unauthorized use.  

If Bump learns that You have shared your username and password with a third party or if You breach any of these Terms, Bump reserves the right to disable Your username and password and access to Products.

Bump reserves the right to modify methods for registration and access levels of registered users from time to time.

Refund Policy

All Self-Guided Programs found at www.bumpandthrive.com are not eligible for refunds or exchanges once You have accessed and started the Program.  If you have not accessed the Program, refunds will be considered and issued on a case-by-case basis and if You have a sudden change in life circumstances (“Life Change”).  Also, Bump understands that should you purchase a bundle (programs for pre-pregnancy, pregnancy, and postpartum) and suffer a Life Change, such as a loss of pregnancy, Bump will of course take that into consideration when considering any request for a refund.  However, Bump asks that any refund requests be made within thirty (30) days of any Life Change.  Please contact [email protected] to make any such requests.

All in-person Personal Training services are not eligible for refunds once a session is booked.  However, if you book a session and thereafter become unavailable, we request that you notify us immediately and we will be happy to re-schedule the session to a new date and time so long as you notify us at least 48 hours before the session.  Any cancellations made within 48 hours of the session will not be eligible to be rescheduled. Contact [email protected] to request a re-scheduling.  

All online personal training services found at www.bumpandthrive.com, are not eligible for a refund once the session has been accessed and started by You.  

Notwithstanding the above refund policy, certain jurisdictions may require a refund.  Bump will honor such refunds as required by law.

Use of Products

All Products available for sale on the Website were developed solely for Your personal use and may not be copied, videotaped, and/or reproduced for publication or for the personal or commercial use of others without the express written and signed consent of Bump.  You may not create any derivative works of the Products.  When You purchase any of the Products, You agree that You will not use any information You gain from the Products to create any product or service, whether offered for commercial or personal use, without the express written consent of Bump.  All inquiries for use of Bump intellectual property must be submitted to [email protected]. Bump reserves the right to seek equitable and compensatory relief for any violation of this term.

Intellectual Property

All Products are owned exclusively by Bump.  The Products are being offered to You for Your individual use only. You are not authorized to use or transfer any of Bump’s Products, including but not limited to any of Bump’s intellectual property. All intellectual property remains the property of Bump. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Bump will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

By accessing and viewing any Product, You agree that You will not create any electronic information product that utilizes the information gained through the Product whether or not that information was available through other means.

Certain of the names, logos, and other materials displayed in the Products constitute Bump’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Bump IP”). You are not authorized to use any Bump IP without Bump’s express consent. Ownership of Bump IP remains with Bump and You agree not to make any claims or assertions of any other party’s ownership of Bump IP.

The Website, Bump’s name, and Bump’s logos are subject to copyright protection. Bump’s trademarks may not be used in connection with any product or service that is not Bump’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Bump.

Use of the Products

Subject to Your compliance with these Terms, we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of Bump’s Products.  This access shall remain in effect unless and until terminated by You or Bump.  You agree that you will not redistribute or transfer the Products.  

Each Product includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs, and graphics. You may view and have access to materials from a Product for personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from any Product for commercial purposes, unless expressly approved for such purposes by Bump in a signed writing. Any reproduction or unauthorized use of any materials found in the Products shall constitute infringement.

Unless otherwise stated, Bump owns the intellectual property and rights to all content and material in the Products. All intellectual property rights are reserved.

You may view and print pages for Your personal use, subject to the restrictions set out below and elsewhere in these Terms.

The following uses are not permitted:

  •  Republication of content from the Products, unless content is specifically and expressly made available for republication;
  •  Sale, rental or licensing of any content from the Products;
  •  Reproduction or duplication of any content in the Products for commercial purposes;
  •  Modification of any content in the Products, unless content is specifically and expressly made available for modification;
  •  Redistribution of content in the Products, unless content is specifically and expressly made available for redistribution.

From time to time, the Products will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Bump’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Bump.

You must not use the Products in a way that causes, or may cause, damage to the Products or impairs the availability of access to the Products. You must not decompile, reverse engineer, disassemble or otherwise reduce the Products, except to the extent that such activity is expressly permitted by applicable law. You must not use the Products to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, malware, bots, spiders, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Products without Bump’s express written permission.

You must not use the Products to transmit or send any unsolicited commercial communications.

You must not use the Products for any third-party marketing without Bump’s express written permission.

Comment Policy

The Products, including any Instagram, Facebook or support groups provided therewith, may offer You the option to provide comments either written or verbal.  The following types of comments will not be tolerated and will be deleted:

  •  harassment directed toward any content creator, Participant or Bump;
  •  spam;
  •  hate speech;
  •  defamation towards Bump or any third party;
  •  references to illegal acts;
  •  violations of the legal rights of a third party; or
  •  Any other action that may impede the use and enjoyment of the Products by other participants.

Bump’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to You if Your comment was determined to be in violation with this policy.  Bump reserves the right, in its sole discretion, to revoke access to the Products in the event You violate this provision.  In this event, no refunds will be due to You.

You are, and shall remain, solely responsible for any content You upload, submit, post, transmit, communicate, share, or exchange by means of any Products, including any associated Facebook/support group and for the consequences of submitting or posting same. BUMP DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE PRODUCTS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PARTICIPANTS OF THE PRODUCTS. YOU ACKNOWLEDGE AND UNDERSTAND THAT BUMP HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS PARTICIPANTS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS PARTICIPANTS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS PARTICIPANTS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER PARTICIPANTS PARTICULARLY IF YOU DECIDE TO MEET ANOTHER PARTICIPANT IN PERSON. BUMP DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS PARTICIPANTS. IN NO EVENT SHALL BUMP BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY PARTICIPANT’S CONDUCT, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN PARTICIPANTS.

You and any Participant violating the Terms may be immediately and permanently removed from the Products, in Bump’s sole discretion.

Any content posted in the Facebook Groups (“Groups”) that are included with some Products is the sole responsibility of the person(s) who created it, and Bump and its employees, agents, directors, and officers, undertake no obligation or liability related to such content. Bump and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful content posted by Participants, nor does it assume responsibility or liability that may arise from any content posted in the Groups, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.

Bump reserves the right to report to the appropriate authority any post, comment, message or Participant in the Products that Bump deems, in its sole discretion, may implicate the safety of either a Participant or a third-party.

Communication – Electronic Notice

You consent to receive communications from Bump electronically, by email. You agree that all legal notices provided via electronic means from Bump satisfy any requirement for written notice.

Third Parties

The Products offer resources that may contain links to third-party websites that are not governed or controlled by Bump. You represent and warrant that You have read and agree to be bound by all applicable terms of use and policies for any third-party websites. Bump assumes no control or liability over the content of any third-party sites. You agree to defend, indemnify and expressly hold harmless Bump from any and all claims, lawsuits, and demands by anyone arising from Your negligent or intentional acts or omissions concerning Your use of a third-party website.  If Bump receives a claim and/or is sued as a result of Your negligent or intentional acts or omissions concerning Your use of a third-party website, You agree to defend Bump in any claim and/or lawsuit by paying the attorneys’ fees to represent and defend Bump in any claim and/or lawsuit, and You will pay for any settlement entered into by or judgment awarded against Bump.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Products or on the Website, You must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked in the Products, You expressly hold Bump harmless from any and all liability in any dispute.

No Warranties

The Products are provided “as is” and “as available” without any representations or warranties of any kind, whether express, implied, or statutory, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Bump makes no representations or warranties in relation to the Products or the information and materials provided therein. Further, Bump disclaims any express, implied, and statutory warranties regarding the content, including warranties of satisfactory qualify, merchantability, fitness for a particular purpose, or non-infringement.  Bump does not warrant that the Products are free of malware or other harmful components.  Bump makes no representation regarding, and it does not warrant or assume any responsibility for, any third-party content, or any product or service advertised, promoted, or offered by a third party on or through Bump’s Website or Bump’s Products or any hyperlinked website, and Bump is not responsible for any transactions between you and any third party providers of the foregoing.  No advice or information whether oral or in writing obtained by you from Bump shall create any warranty on behalf of Bump.  Bump makes no warranty that the Products will meet Your requirements, will be available uninterrupted, will be timely and free of viruses or bugs, and will be fully functional, accurate, and reliable.  This section applies to the fullest extent permitted by law.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.  

Limitation of Liability and Time for Filing a Claim

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BUMP, ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, VOLUNTEERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABILE FOR: (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE use or inability to use THE pRODUCT, WEBSITE, THIRD-PARTY APPLICATIONS OR CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER BUMP HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, and EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE BUMP PRODUCTS, THIRD PARTY CONTENT IN AN AMOUNT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO BUMP DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM, OR (B) $797.00.  

To the extent that applicable law would prohibit such a limitation, these Terms do not limit Bump’s liability for fraud, fraudulent misrepresentation, death or personal injury. 

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE, THE PRODUCTS OR THESE TERMS OF USE MUST BE commenced by filing a demand or filing an individual action as specified under the arbitration agreement below WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM WILL BE FOREVER BARRED.

Indemnity

You agree to defend, indemnify and hold Bump, its officers, members, employees, agents, volunteers, subsidiaries, affiliates, successors and assigns harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Bump suffers as a result of third-party claims based on: (i) Your negligence or intentional misconduct, (ii) Your breach of any provision of the Terms (including any representation or warranty) and any term incorporated herein; (iii) materials prepared or provided by You including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; (iv) any activity in which you engage on or through the Website; (v) your violation of any law or the rights of third parties; and/or (vi) death, personal injury, or property damage arising out of, or relating to, Your obligations hereunder.

Equitable Relief

You acknowledge and agree that in the event of certain breaches of the Terms, Bump may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, You agree that Bump shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

Choice of Law 

These Terms and any dispute, claim, and/or controversy that in any way relates to or arises in connection with these Terms or your relationship with Bump as a user or customer of Bump’s services (“Dispute”) are governed by and shall be construed in accordance with the laws of the State of Connecticut, except to the extent preempted by or inconsistent with federal law.  You and Bump further agree to the exclusive jurisdiction of the federal or state courts located in Connecticut to resolve any Dispute that is not subject to mandatory arbitration under the Arbitration Agreement below. 

To the fullest extent permitted by applicable law, the parties waive any right to a jury trial.

Arbitration Agreement

This Arbitration Agreement section sets forth the terms and conditions pursuant to which Disputes between you and Bump will be resolved through individual arbitration (“Arbitration Agreement”).  

Dispute resolution and arbitration

Subject to the exceptions set forth in the "Exceptions to arbitration" section below, You and Bump agree that any Dispute between You and Bump (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by binding individual (not class) arbitration. The arbitrator has the authority to rule on all issues except that a court has exclusive authority to: (1) decide arbitrability, as well as scope, validity, and enforceability of this Arbitration Agreement; (2) decide whether You and Bump have complied with the pre-arbitration filing requirements (including the requirements described in the "Pre-arbitration notice of dispute and informal resolution period" section below); (3) enforce the prohibition on class or representative actions; (4) enforce the provisions regarding mass arbitrations; and (5) enjoin an arbitration from proceeding if it does not comply with this Arbitration Agreement. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator can award the same damages and relief as a court (including attorneys' fees and costs where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.

Exceptions to arbitration

You and Bump both agree that any Dispute relating to any actual or alleged infringement of Bump's intellectual property rights shall be brought in the federal courts of Connecticut, and that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit Bump's rights, at any time, to elect to have an individual action heard in: (1) a Connecticut small claims court (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction); or (2) a court of law, in accordance with the jurisdiction and venue described in the "Choice of Law" section above, seeking only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement does not stop You or Bump from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

No class or representative proceedings and class action waiver

YOU AND BUMP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION OR LITIGATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. Unless both You and Bump agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated.

Pre-arbitration notice of dispute and informal resolution period

A party who intends to seek arbitration must first send a written notice of the Dispute ("Notice") to the other. Notices to Bump must be sent by email to [email protected], and Notices to You must be sent to the email address associated with your Bump account. All Notices must: (1) be personally signed by the party sending the Notice; (2) provide the relevant user's name, email address associated with the user's Bump account, and Bump username; (3) describe with specificity the nature and basis of the Dispute; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it.

After a Notice containing all of the information required above is received, the parties agree to engage in good faith for a period of sixty (60) days in an effort to resolve the Dispute (this time period may be extended by agreement of the parties) ("Informal Resolution Period"). The party receiving the Notice may request a telephone or video settlement conference during the Informal Resolution Period in an effort to facilitate resolution of the Dispute ("Informal Settlement Conference"). The Informal Settlement Conference, if any, will take place at a mutually agreeable time, which can be after the sixty (60) day Informal Resolution Period if needed to accommodate the parties' schedules. During the Informal Settlement Conference, you and a Bump representative must both personally participate in a good-faith effort to resolve the Dispute without the need to proceed with arbitration. Any counsel representing the parties also may participate. Personal participation in an Informal Settlement Conference will not be required if both you and Bump agree in writing.

The Notice, Informal Resolution Period, and Informal Settlement Conference are intended to give the parties a meaningful opportunity to resolve Disputes informally. If any aspect of this "Pre-arbitration notice of dispute and informal resolution period" section has not been met, the parties agree that a court can enjoin the filing or prosecution of an arbitration and, unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration nor demand fees in connection with such an arbitration. Notwithstanding the foregoing, a party retains the right to raise non-compliance with the requirements of this section and seek appropriate relief in arbitration.

Any applicable statute of limitations or contractual limitations period will be tolled for any claims and requests for relief set forth in a Notice from the date that either you or Bump sends the other a fully complete Notice until: (1) thirty (30) days after completion of the Informal Resolution Period, if no Informal Settlement Conference is held; or (2) thirty (30) days after completion of the Informal Settlement Conference if an Informal Settlement Conference is held ("Tolling Period").

Neither You nor Bump may commence an arbitration proceeding until after the Tolling Period has ended.

Arbitration rules and fees

Either You or Bump may start arbitration proceedings. Any arbitration between You and Bump will be administered by National Arbitration and Mediation ("NAM") in accordance with their rules applicable to the nature of the Dispute, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings ("NAM Rules"), as modified by this Arbitration Agreement. You and Bump agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this Arbitration Agreement (despite the choice of law provision above). The NAM Rules, as well as instructions on how to file a demand for arbitration ("Demand") with NAM, appear at www.namadr.com/resources/rules-fees-forms/. The Demand must attach the relevant Notice and be personally signed by the party initiating the arbitration (and their counsel, if represented).

If NAM is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with this Arbitration Agreement, then another administrator that will do so will be selected by agreement of the parties. If the parties cannot agree, then they will jointly petition a court to appoint an administrator that will do so. To start an arbitration, the claimant shall send a copy of the Demand to NAM and the other party. If You initiate arbitration, you shall serve the Demand on Bump via email at [email protected] and to Bump's registered agent at Updike, Kelly & Spellacy, P.C., 225 Asylum Street, 20th Floor, Hartford, CT 06103. If Bump initiates arbitration, Bump shall serve the Demand on you at the email address associated with your Bump account. The claimant must certify in the Demand that the requirements set forth in the "Pre-arbitration notice of dispute and informal resolution period" section above have been met, and must attach a copy of the Notice to the Demand.

Each party retains the right to request a hearing in arbitration from the arbitrator. Any arbitration hearings will be conducted by phone or videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the locale for such hearing shall be in Connecticut.

As in court, any counsel participating in an arbitration certifies that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including a certification that the claim or the relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions available under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law against all appropriate represented parties and counsel.

The filing, administration, case-management, hearing, and arbitrator fees ("Arbitration Fees") will be governed by the NAM Rules, unless a different allocation is required by court order or for this Arbitration Agreement to be enforced. You and Bump agree that arbitration should be cost effective for all parties. Either party may engage with the arbitration administrator around fee reductions and deferred payments.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve any disagreements as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits. An arbitration award that has been satisfied may not be filed or entered in court.

Mass Arbitration

If You elect to have your claim addressed as part of a mass arbitration (defined below), you agree to the additional procedures set forth below.

If twenty-five (25) or more claimants submit Notices or attempt to file Demands raising similar claims, are represented by the same or coordinated counsel (regardless of whether the Notices or Demands are submitted simultaneously), and the parties cannot resolve the cases during the Informal Resolution Period, all the cases must be resolved in arbitration through staged sets of proceedings. You agree to this process even though it may delay the arbitration of your case.

If these mass filing procedures apply to your case, the Tolling Period for your claims will be extended until your case is selected to proceed as part of a staged proceeding, withdrawn, opted out of arbitration (as set forth below), or otherwise resolved.

First Stage: In the first stage, counsel for the parties shall each select twenty-five (25) cases per side (50 cases total) to be filed in arbitration and to proceed individually in accordance with this Arbitration Agreement, with each case assigned to a separate and different arbitrator (unless the parties agree otherwise). In the meantime, any remaining cases shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those cases unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After the first stage is completed, the parties shall engage in a global, non-binding, and confidential mediation of all remaining cases with a retired federal or state court judge, and Bump shall pay the mediator's fee.

Second Stage: If the parties are unable to resolve the remaining cases after the mediation, the parties shall repeat the same process except that fifty (50) cases shall be selected per side (100 cases total) to proceed individually in accordance with this Arbitration Agreement, with each case assigned to a separate and different arbitrator (unless the parties agree otherwise). After the second stage is completed, the parties will again engage in a global, non-binding, and confidential mediation of all remaining cases with a retired federal or state court judge, with the mediator's fee paid for by Bump.

If the parties are unable to resolve any remaining cases after a second global mediation session:

Option One: You and Bump may, separately or by agreement, opt out of arbitration and elect to have your case heard in a court of competent jurisdiction consistent with these Terms. You may opt out of arbitration by providing an individual, personally signed notice of your intention to opt out of arbitration to Bump via email at [email protected] within thirty (30) days after the conclusion of the second global mediation session. Bump may opt your case out of arbitration by sending an individual, signed notice of its intention to opt out of arbitration to your counsel via email no more than thirty (30) days following the expiration of your thirty (30) day opt-out period. Counsel for the parties may agree to adjust these deadlines.

OR

Option Two: If neither You nor Bump elects to have your case heard in court consistent with Option One, then you agree that your case will be resolved through continuing staged proceedings as set forth below. Assuming the number of remaining cases exceeds two hundred (200), then two hundred (200) cases shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining cases is fewer than two hundred (200), then all of those cases shall be filed and proceed in individual arbitrations. No more than five (5) cases within any set of two hundred (200) cases may be assigned to the same arbitrator to proceed individually, unless the parties agree otherwise in writing. Any remaining cases shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those cases unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process.

Throughout the staged process above, the arbitrators for the cases are encouraged to resolve the cases within one hundred twenty (120) days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. If any case selected for a staged set of proceedings is withdrawn prior to the arbitrator's award (and without the consent of the other party), another case shall be selected to proceed individually in arbitration consistent with the process set forth above.

A court of competent jurisdiction will have the authority to enforce this "Mass Arbitration" section and, if necessary, to enjoin the filing or prosecution of arbitrations or the assessment or collection of Arbitration Fees. This "Mass Arbitration" section is intended to be severable from the rest of this Arbitration Agreement. If a court decides that the staging process set forth in this "Mass Arbitration" section is not enforceable (and after exhaustion of all appeals), then all cases may be filed in arbitration, but the payment of Arbitration Fees will be assessed as the arbitrations advance and arbitrators are appointed, rather than when the arbitrations are initiated.

Enforceability

If in the process of arbitrating or litigating a Dispute this Arbitration Agreement is invalidated in whole, the parties agree that they may seek to resolve the Dispute in a Connecticut small claims court or in the federal or state courts of Connecticut, consistent with the "Choice of law" section above and “Waiver of Class Action Rights” below. To the fullest extent permitted by applicable law, each party may bring a Dispute against the other party only in an individual capacity and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. Notwithstanding the foregoing, either party may participate in a class-wide settlement.

Waiver of Class Action Rights

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

Miscellaneous

If any provision(s) of the Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms may not be assigned by You without Bump’s prior written consent; however, the Terms may be assigned by Bump in its sole discretion. Bump reserves the right to amend, alter, or modify the Terms at any time. All notices with respect to the Terms must be in writing and may be via email to [email protected] for Bump and to Your email address.

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