Terms of Use and Conditions of Sale

Last Updated: June 12th, 2020

Thank you for visiting our website, bitandbloom.com ("Website"). BIT & BLOOM LLC ("Company") provides content, services, and products on our Website subject to the following conditions. By visiting our Website, blog or social media platforms, you accept these Terms of Use and Conditions of Sale so please read them carefully. If you do not agree with our Terms of Use and Conditions of Sale, please do not visit our Website. By using our properties, you accept and agree to be bound and abide by these conditions. 

All rights not expressly granted to users in these Terms of Use are hereby reserved by Company. 

I. GENERAL

This Website is owned and operated by BIT & BLOOM LLC a Tennessee company with an address at 6942 Highland Park Drive, Nashville, TN 37205. Please note that our website is hosted by Go Daddy Inc., a digital website hosting platform, and our e-commerce store is hosted by Shopify Inc, an e-commerce platform that allows us to sell our products to you. We recommend viewing such third parties' Terms of Use and Privacy Policy. 

II. OTHER SITE POLICIES REGARDING YOUR PRIVACY AND TERMS OF SALE

Please review our Privacy Policy Notice, and Customer Service Policies which are incorporated by reference into these Terms of Use and Conditions of Sale (together "Website Policies"). All of our Website Policies apply to your visits to our Website, as well as all purchases from our Website.

III. LICENSE AND SITE ACCESS

bitanbloom.com grants visitors to our Website a limited, non-exclusive, and non-transferable license to access, visit, and make personal use of the contents of our Website, but not to download any portion of the Website. The limited license does not permit your resale or commercial use of our Website, nor does it permit you to collect or use our product listings, descriptions, or prices included therein, nor does it permit any derivative use of our Website. You may not use framing techniques, meta tags, or similar technologies with respect to the Website, our trademarks, or other proprietary information.

This limited license is terminated upon any unauthorized use of our Website. You are responsible for any damages or other harm arising out of your unauthorized use of our Website and its content. BIT & BLOOM LLC will not be liable for any use of the Website and its content made by you which violates applicable laws and regulations, and our Website Policies.

IV. ELIGIBILITY

Our products and services are offered and available to individuals at least 13 years of age or older. By using these properties, you represent and warrant that you are of legal age and meet eligibility requirements. If you are under 18, or under the age of majority in your state, you may only purchase products or services from our Website with the consent of a parent or guardian. We reserve the right to cancel any noncompliant accounts and/or to request proof of age from any user, at any time. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information. You agree to update your information when necessary to keep your account information current and accurate. You are responsible for strictly maintaining the confidentiality of your account information and password, and for restricting access to such information and to your computer. You agree to be responsible for all activities that occur under your account or password.

You agree that all information you provide to register with the Properties or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

V. ACCEPTANCE OF YOUR ORDER

Upon your placement of an order through our Website, we will send you an email providing details of your purchase. Acceptance of an order is not complete until the order has been packed for shipment. A transaction contract is completed upon our dispatch of an order for shipment, at which time we will send you an email confirming shipment and provide tracking information. This transaction contract is completed in the State of Tennessee.

VI. PAYMENT

bitandbloom.com accepts payment made by Visa, MasterCard, American Express, Apple Pay and any other methods which are advertised on our Website. Payment will be charged upon completion of packing for shipment. If an item ordered is temporarily out of stock, customers will be notified immediately by email and will not be charged until an item has become available and is packed for shipment. If an item is out of stock and is not expected to become available, customers will be notified immediately by email and will not be charged. All payment transactions on this website are processed by a secure online payment agent that encrypts your credit card details in a secure hosted environment.

VII. SHIPPING & ORDER TRACKING

Our shipping and processing fees cover the processing, handling, packing, and delivery of your order.

International orders may be subject to import taxes or customs fees as determined by the destination country. Limits for duty-free packages are established by your local customs authorities; please check your local customs website for more information. Certain international orders may be shipped DDP (Delivery Duty Paid), pre-paid at checkout. Customers are at all times responsible for all customs, taxes, VAT, and duty fees. All such amounts may be calculated by Shopify at checkout; we are not responsible for calculating or paying the foregoing amounts. International transit times may vary due to delays presented at customs.

Upon the shipping of your order, you will receive an email with a link to track the status of your order and shipping details. Please allow up to 24 hours from when you receive your tracking number for activity to update. 

VIII. RETURNS, EXCHANGES, GIFT RETURNS, REFUNDS, AND LATE RETURNS

Please review "Returns & Exchanges" for all policies. 

IX. RULES OF CONDUCT

Products offered for sale through our Website are only for personal use, and not for resale. By placing an order through our Website, you certify that you are purchasing our products for your personal use only and not for resale. We reserve the right to refuse orders which, we reasonably believe, are intended for resale.

You may not use the Properties to participate in any activity that is in violation of any federal, state, or local law including without limitation, all regulatory, administrative and legislative authorities.You shall not disable, hack, circumvent or otherwise interfere with security related features of the Properties or features that prevent or restrict use or copying of any Company Content or materials.

You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Properties, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses. You understand and agree that you use the Properties at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Company as Company may determine in its sole discretion, we can stop providing all or part of the Properties to you.

X. PRICING

Prices listed on our Website are quoted in US dollars, unless another currency is available and selected by the user. Listed prices do not include sales tax. We are required by law to charge sales tax in applicable jurisdictions. Any sales tax charged will be calculated and displayed for your approval prior to final confirmation of your order.

XI. FINAL SALE

All items marked final sale on our website are considered non returnable under any circumstances and not eligible for refund, exchange or store credit regardless of size. These items can not be authorized for return under any circumstances. In the event that we receive a return marked "Final Sale", the item will be returned to sender sans refund. Gift Card purchases are also final sale and cannot be returned for a refund. Gift Cards are valid for 12 months from the date of issue.

XII. COPYRIGHT

All content on our Website, including but not limited to images, product descriptions, drawings, figures, logos, menus, webpages, graphics, colors, fonts, schemes, layouts, processes, designs and products (collectively "Content") is the property of Bit & Bloom LLC, and is protected by domestic and international copyright, and other intellectual property laws. Publication, reproduction, distribution, or modification of our Content, in whole or in part, is forbidden without the express written consent of Bit & Bloom LLC.

You may only use Company Content and the Properties for your personal, noncommercial use; any other use of the Company Content or Properties without Company’s express written consent in each instance is strictly prohibited. No right, title, or interest in any Company Content is granted or transferred to you as a result of your access or use. Unless otherwise noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any of the Company Content or Properties. Unauthorized use of the Company Content is expressly prohibited by law, and may result in severe civil and criminal penalties. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

If you believe that your work has been infringed by use or depiction on our Website, please contact our agent by e-mail at horsepeople@bitandbloom.com So that we can properly evaluate your claim, please include the following: (i) a description of the work that you claim has been infringed; (ii) a description of the allegedly infringing material on our Website; (iii) a statement that you are either the copyright owner, or authorized to act on behalf of the copyright owner; and (iv) your name, address, telephone number, and e-mail address.

XIII. TRADEMARK

Bit & Bloom LLC and bitandbloom.com (collectively "Marks") are registered trademarks, trademarks, or trade dress of Bit & Bloom in the United States and/or other countries. Except with prior written approval, Bit & Bloom does not give permission to use the Marks in connection with any product or service. The Marks may not be copied, imitated or used, in whole or in part, without Bit & Bloom LLC's prior written consent. All other trademarks not owned by Bit & Bloom LLC, Inc. that appear on this site are the property of their respective owners.

XIV. DISCLAIMERS

Bit & Bloom makes no representation or warranty of any kind, including the warranty of merchantability, fitness for a particular purpose, reliability, accuracy, non-infringement and the like, in connection with the use of our Website. The Website is provided by Bit & Bloom LLC on an "As Is" and "As Available" basis. We make no warranty or representation that our Website will be continuous, uninterrupted, timely, secure, or error-free. From time to time, our Website may be unavailable due to maintenance or other reasons. Bit & Bloom makes no representations that our Website or sites that may be linked to it or from it are free from error. You agree that we shall not be responsible for any defect, delay in transmission, deletion, error, or interruption of transactions or communications. You expressly agree that your use of our Website is at your sole risk. Bit & Bloom will not be responsible for any technical malfunctions or other problems with any computer system, servers, or communication provider, software, or failures resulting from technical problems or Internet traffic congestion, including injury or damage to your computer, or other hardware or software related to or resulting from using or visiting our Website. Bit & Bloom cannot guarantee that the use of our Website, our servers, or e-mail sent from our Website will be free of viruses or other harmful components.

XV. LIMITATIONS ON LIABILITY

Bit & Bloom LLC will not be liable for any direct, indirect, consequential, incidental, special, or punitive damages arising out of or relating to: (i) your use of our Website; (ii) your use of any site linked to or from our Website; (iii) information made available to you on or through our Website; (iv) or in connection with the purchase or use of any other products or services. YOU EXPRESSLY AGREE THAT BIT & BLOOM (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIT & BLOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, INCLUDING WITHOUT LIMITATION, ITS TERMINATION OR SUSPENSION, YOUR ACCOUNT, OR THIS AGREEMENT. IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SOME OF THE EVENTS, ACTIVITIES OR ACTIONS TAKEN BY YOU WHETHER IN CONNECTION WITH THE PROPERTY OR OTHERWISE CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED THEREWITH EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION OR INACTION OR NEGLIGENCE OF COMPANY OR BY THE ACTION, IN ACTION OR NEGLIGENCE OF OTHERS. YOU EXPRESSLY AGREE THAT COMPANY DOES NOT ASSUME RESPONSIBILITY FOR THE SUPERVISION, PREPARATION, OR CONDUCT OF ANY ACTIVITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL BIT & BLOOM LLC'S TOTAL CUMULATIVE DAMAGES EXCEED ONE HUNDRED DOLLARS ($100.00). If any problems arise with our Website or its Content, you agree that your only remedy is to stop using our Website. If you have any problems with products or services purchased through our Website, then you agree that your only remedy is an exchange or refund of your purchase price in accordance with our Return Policy.

XVI. INDEMNIFICATION

By purchasing products or services from our Website, you agree to indemnify and otherwise hold harmless Bit & Bloom, its officers, directors, shareholders, employees and agents from any direct, indirect, incidental, special, consequential or exemplary damages arising out of or relating to your use of our Website, including, but not limited to your breach of our Website Policies.

XVII. LINKING TO THIS SITE

Except with our prior written consent, you may not create or maintain a link from another website to our Website. If we do permit a link, you agree to comply with all applicable laws and regulations. Please contact us at horsepeople@bitandbloom.com if you are interested in linking to our Website.

XVIII. ARBITRATION NOTICE

AS FURTHER SET FORTH HEREIN, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO RESOLVE ANY DISPUTES IN COURT (INCLUDING TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION).

XIX. SEVERABILITY

If any provision of our Website Policies are found to be unenforceable, all other provisions will remain in full force.

BY ACCESSING OR USING THE PROPERTY YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PROPERTY.

THE COMPANY PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

XX. ADA COMPLIANCY

Bit & Bloom is committed to ensuring all individuals with disabilities can access all product, and services offered on www.bitandbloom.com. If you are having trouble accessing www.bitandbloom.com, please contact Customer Service at horsepeople@bithandbloom.com for assistance with the website. 

XXI. CONTACT INFORMATION 

We strive to provide an enjoyable shopping experience through our Website. Should you ever have questions about our Website Policies, please send an e-mail to horsepeople@bitandbloom.com. If you need assistance regarding order status, shipping, returns, or refunds, please contact us at horsepeople@bitandbloom.com. Customer service inquiries are typically returned within 2 business days. 

XXII. LINKS & THIRD PARTIES

You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites (as defined in the Privacy Policy). Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, code or other materials presented on or through such websites.

By publicly posting information and materials relating to Company, its products or services on any social media site, website, or blog (e.g., Instagram, Facebook, Twitter, etc.) and tagging any Property, you hereby grant Company the worldwide, royalty free, irrevocable right and license to reproduce, display, distribute, re-post, re-share, or otherwise exploit such materials and information and your name, image, likeness, and any intellectual property controlled by you and all associated moral rights and goodwill, in whole or in part, on or through the Properties without further consent or compensation. Without limitation, such right and license includes Company’s right, though not obligation, to grant you attribution (e.g., tagging your profile, photo and/or video credit, etc.) via such Properties.

COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.