LCCW Investments LLC dba Bubble’s Foam Farm
Terms and Conditions
1. Welcome to bubblesfoamfarm.com. Bubble’s Foam Farm (the “Company”) is comprised of various web pages and retail locations operated by LCCW Investments and is offered to you (the “Buyer”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Bubble’s Foam Farm or bubblesfoamfarm.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
2. All memberships are month-to-month and may be cancelled at any time by calling or doing so in person by the Buyer.
3. All memberships are automatically recurring and will not stop until cancelled by the Buyer. The recurring date is the monthly anniversary of your initial registration.
4. Any changes made to memberships will take place at the completion of Buyer’s current billing cycle. Meaning cancellations and downgrades are not pro-rated.
5. Any members choosing to upgrade their monthly plan will immediately receive upgraded services and be charged an upgrade pro-rated to the remaining number of days in their billing cycle.
6. The Company reserves the right, in its sole discretion, to terminate any Buyer’s access to the Site, the related services or any portion thereof at any time, without notice.
7. The Company shall not be responsible for any settlement made without its written consent.
Consequential Damages and Other Liability; Indemnity. Except as otherwise agreed in writing, Company’s liability with respect to the Service shall be limited to the contract price. COMPANY SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATION OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH RESPECT TO THE SERVICE BY COMPANY, OR ANY UNDERTAKINGS, ACTS OR OMMISSIONS RELATING THERETO. Without limiting the generality of the foregoing, Company specifically disclaims any liability for property damage, penalties, special or punitive damages, damages for lost profits or revenues, cost of capital, cost of substitute products, or any third party for any such damages. COMPANY SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.
Buyer shall indemnify Company against any and all losses, liabilities, damages and expenses (including, without limitation, attorneys' fees and other costs of defending any action) which Company may incur as a result of any claim by Buyer or others arising out of or in connection with the Service sold hereunder and based on Service defects not proven to have been caused solely by Company's negligence.
8. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Buyer agrees to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
9 The Company reserves the right, in its sole discretion, to change the Terms under which all services are offered. The most current version of the Terms will supersede all previous versions. THESE TERMS AND CONDITIONS SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN SELLER AND BUYER, AND SHALL BE GOVERNED BY AND SHALL BE CONSTRUED ACCORDING TO THE LAWS OF WISCONSIN AND THE U.S. (WITHOUT REFERENCE TO PRINCIPLES OF CONFLICTS OF LAWS). THERE ARE NO CONDITIONS AFFECTING THIS AGREEMENT, WHICH ARE NOT EXPRESSED HEREIN.
