carrotswag.com
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URL:
https://carrotswag.com/
Submission: On April 12 via manual from US — Scanned from GB
Submission: On April 12 via manual from US — Scanned from GB
Form analysis 4 forms found in the DOM
POST https://carrotswag.com/store.php/search-product
<form class="searchtop has-validation-callback" action="https://carrotswag.com/store.php/search-product" method="post">
<label style="display:none;" for="txt_search_product1">Search</label>
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<form class="searchtop has-validation-callback" action="https://carrotswag.com/store.php/search-product" method="post">
<label style="display:none;" for="txt_search_product2">Search</label>
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<a class="selectboxit-option-anchor"><span class="selectboxit-option-icon-container"><i class="selectboxit-option-icon selectboxit-container"></i></span>Other</a></li>
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</div>
<div class="form-group Order_no_div" style="display:none;">
<label style="display:none;" for="txtOrderNoF">txtOrderNoF</label>
<input class="form-control" name="txtOrderNoF" data-validation="required" data-validation-has-keyup-event="true" id="txtOrderNoF" type="text" required="" placeholder="Order#" autocomplete="off" maxlength="25">
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<div class="form-group">
<label style="display:none;" for="txtInquiry">txtInquiry</label>
<textarea maxlength="500" class="form-control" data-validation="required" data-validation-has-keyup-event="true" rows="3" id="txtInquiry" name="txtInquiry" placeholder="tell us how we can help.." autocomplete="off"></textarea>
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<div class="form-group">
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<!-- Modal content-->
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<div class="modal-header">
<button type="button" class="close" data-dismiss="modal">×</button>
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<div class="modal-body">
<div class="form-group">
<label for="order_track_no">Order#:</label>
<input type="text" class="form-control" id="order_track_no" name="order_track_no" placeholder="Enter order number" autocomplete="off">
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<div class="form-group">
<label for="order_email">Email:</label>
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<div class="modal-footer">
<button type="submit" id="tracking_submit_button" class="btn btn-default">Submit</button>
<span id="shipping_loader_span" style="display:none;">
<img alt="loader" src="https://carrotswag.com/images/loader.gif" style="width:20%; text-align:right;">
</span>
<button type="button" class="btn btn-default" data-dismiss="modal">Close</button>
</div>
</div><input type="hidden" name="1286b90fba" id="csrf_token" value="498eda190b33d8fbb45249a59660930cfd00192542e9cdf031510d370c3e15f0">
</form>Text Content
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FEATURED PRODUCTS
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Privacy Policy Terms & Conditions Supply Chain
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© 2024 Carrot Store | POWERED BY BAMKO
Between December 24 and January 1st, please expect a delay in the processing and
shipping of your order. If there is a rush request, please contact
blackandmcdonald@bamko.ca we will do our best to accommodate this. Wishing you
and yours a joyous holiday season.
Refund Policy
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Refund Policy
This Refund Policy (this "Refund Policy") applies to the purchase and sale of
products and services through https://carrotswag.com (the "Site"). This Refund
Policy is subject to change by BAMKO, LLC (referred to as "BAMKO", "us", "we",
or "our" as the context may require) without prior written notice at any time,
in our sole discretion. The latest version of this Refund Policy will be posted
on the Site, and you should review this Refund Policy before purchasing any
product or services that are available through theSite. Your continued use of
the Site after a posted change in this Refund Policy will constitute your
acceptance of and agreement to such changes.
This Refund Policy is an integral part of the Terms and Conditions and Website
Terms of Use that apply generally to the use of our Site. You should also
carefully review our Privacy Policy before placing an order for products or
services through the Site.
Accessories
Unused workout accessories/equipment can be returned for a refund and must be
reported within 30 days after delivery, NO exceptions.
Defective workout accessories/equipment can be returned for the same item only
for a refund and must be reported within 30 days after delivery. NO exceptions.
Apparel
Apparel can be exchanged for a different color or size for full refund within 30
days after delivery.
Item must be unworn, unwashed, undamaged, and unused with all original tags and
packaging. We reserve the right to refuse a refund if the returned apparel does
not fall within the previously listed criteria and will ask you to pay to have
it returned to you.
Important!
It is the customer's responsibility to inspect and report and defects,
shortages, returns, or exchanges to BAMKO customer service within 30 days after
delivery. All claims reported after the 30th day will not be honored. NO
exceptions.
Please contact BAMKO beforehand to ensure your request falls within the seven
days and the arrival time back to our distribution center is not counted against
the time frame. Shipping charges for the initial purchase are non-fundable.
Shipping charged for returns/exchanges are non-refundable regardless of
circumstances. There are no exceptions in this regard. If you wish to
return/exchanges any of the merchandise under the policies listed above, the
return/exchange merchandise shipping fees will need to be covered by customer.
Shipping charges for orders that are deemed "undeliverable" by the shipping
carrier are non-refundable. Please ensure correct "ship to" address, as we do
not modify shipping addresses in any way before they leave the distribution
center.
Privacy Policy
Introduction
BAMKO, LLC ("Company" or "We") respect your privacy and are committed to
protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that
you may provide when you visit the website https://carrotswag.com (our
"Website") and our practices for collecting, using, maintaining, protecting, and
disclosing that information. Please read this policy carefully to understand our
policies and practices regarding your information and how we will treat it. If
you do not agree with our policies and practices, your choice is not to use our
Website. By accessing or using this Website, you agree to this privacy policy.
This policy may change from time to time (see Changes to Our Privacy Policy).
Your continued use of this Website after we make changes is deemed to be
acceptance of those changes, so please check the policy periodically for
updates.
This policy applies to information we collect:
• On this Website.
• In email, text, and other electronic messages between you and this Website.
It does not apply to information collected by:
• us offline or through any other means, including on any other website operated
by Company or any third party (including Maplebear Inc. (dba Instacart), our
affiliates and subsidiaries); or
• any third party (including Maplebear Inc. (dba Instacart), our affiliates and
subsidiaries), including through any application or content (including
advertising) that may link to or be accessible from or on the Website.
Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age
13 may provide any information to or on the Website. We do not knowingly collect
personal information from children under 13. If you are under 13, do not use or
provide any information on this Website or on or through any of its
features/register on the Website, make any purchases through the Website, use
any of the interactive or public comment features of this Website or provide any
information about yourself to us, including your name, address, telephone
number, email address, or any screen name or user name you may use. If we learn
we have collected or received personal information from a child under 13 without
verification of parental consent, we will delete that information. If you
believe we might have any information from or about a child under 13, please
contact us at carrotswag@bamko.net.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website,
including information:
• by which you may be personally identified, such as name, postal address,
e-mail address, telephone number, any other information the website collects
that is defined as personal or personally identifiable information under an
applicable law, or any other identifier by which you may be contacted online or
offline ("personal information");
• that is about you but individually does not identify you; and/or
• about your internet connection, the equipment you use to access our Website
and usage details.
We collect this information:
• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected
automatically may include usage details, IP addresses, and information collected
through cookies and other tracking technologies.
• From third parties, for example, our business partners.
Information You Provide to Us.
The information we collect on or through our Website may include:
• Information that you provide by filling in forms on our Website. This includes
information provided at the time of registering to use our Website, subscribing
to our service, submitting User Contributions (as defined below), or requesting
further services. We may also ask you for information when you enter a contest
or promotion sponsored by us, and when you report a problem with our Website.
• Records and copies of your correspondence (including email addresses), if you
contact us.
• Your responses to surveys that we might ask you to complete for research
purposes.
• Details of transactions you carry out through our Website and of the
fulfillment of your orders. You may be required to provide financial information
before placing an order through our Website.
• Your search queries on the Website.
• Any other types of information you may provide.
You also may provide information to be published or displayed (hereinafter,
"posted") on public areas of the Website, or transmitted to other users of the
Website or third parties (collectively, "User Contributions"). Your User
Contributions are posted on and transmitted to others at your own risk. Although
we limit access to certain pages, please be aware that no security measures are
perfect or impenetrable. Additionally, we cannot control the actions of other
users of the Website with whom you may choose to share your User Contributions.
Therefore, we cannot and do not guarantee that your User Contributions will not
be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies.
As you navigate through and interact with our Website, we may use automatic data
collection technologies to collect certain information about your equipment,
browsing actions, and patterns, including:
• Details of your visits to our Website, including traffic data, location data,
logs, and other communication data and the resources that you access and use on
the Website.
• Information about your computer and internet connection, including your IP
address, operating system, and browser type.
The information we collect automatically may include personal information, or we
may maintain it or associate it with personal information we collect in other
ways or receive from third parties. It helps us to improve our Website and to
deliver a better and more personalized service, including by enabling us to:
• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website
according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
• Cookies (or browser cookies). A cookie is a small file placed on the hard
drive of your computer. You may refuse to accept browser cookies by activating
the appropriate setting on your browser. However, if you select this setting you
may be unable to access certain parts of our Website. Unless you have adjusted
your browser setting so that it will refuse cookies, our system will issue
cookies when you direct your browser to our Website.
• Flash Cookies.Certain features of our Website may use local stored objects (or
Flash cookies) to collect and store information about your preferences and
navigation to, from, and on our Website. Flash cookies are not managed by the
same browser settings as are used for browser cookies. For information about
managing your privacy and security settings for Flash cookies, see Choices About
How We Use and Disclose Your Information.
• Web Beacons. Pages of our Website and our e-mails may contain small electronic
files known as web beacons (also referred to as clear gifs, pixel tags, and
single-pixel gifs) that permit the Company, for example, to count users who have
visited those pages or opened an email and for other related website statistics
(for example, recording the popularity of certain website content and verifying
system and server integrity).
How We Use Your Information
We use information that we collect about you or that you provide to us,
including any personal information:
• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from
us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account.
• To carry out our obligations and enforce our rights arising from any contracts
entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we
offer or provide though it.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that
does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described
in this privacy policy:
• To Maplebear Inc. (dba Instacart), our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support
our business.
• To a buyer or other successor in the event of a merger, divestiture,
restructuring, reorganization, dissolution, or other sale or transfer of some or
all of Company's assets, whether as a going concern or as part of bankruptcy,
liquidation, or similar proceeding, in which personal information held by
Company about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it. For example, but not limited
to, to carry out an order or if you give us an email address to use the "email a
friend" feature of our Website, we will transmit the contents of that email and
your email address to the recipients.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
We may also disclose your personal information:
• To comply with any court order, law, or legal process, including to respond to
any government or regulatory request.
• To enforce or apply our terms of use, terms of sale, and other agreements,
including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights,
property, or safety of Company, our customers, or others. This includes
exchanging information with other companies and organizations for the purposes
of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you
provide to us. We have created mechanisms to provide you with the following
control over your information:
• Tracking Technologies and Advertising.You can set your browser to refuse all
or some browser cookies, or to alert you when cookies are being sent. To learn
how you can manage your Flash cookie settings, visit the Flash player settings
page on Adobe's website. If you disable or refuse cookies, please note that some
parts of this site may then be inaccessible or not function properly.
• Promotional Offers from the Company. If you do not wish to have your contact
information used by the Company to promote our own products or services, you can
opt-out by sending us an email stating your request to carrotswag@bamko.net. If
we have sent you a promotional email, you may send us a return email asking to
be omitted from future email distributions. This opt out does not apply to
information provided to the Company as a result of a product purchase, warranty
registration, product service experience or other transactions.
We do not control third parties' collection or use of your information to serve
interest-based advertising. However, these third parties may provide you with
ways to choose not to have your information collected or used in this way. You
can opt out of receiving targeted ads from members of the Network Advertising
Initiative ("NAI") on the NAI's website.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Website that are
California residents to request certain information regarding our disclosure of
personal information to third parties for their direct marketing purposes. To
make such a request, please send an email to carrotswag@bamko.net .
Data Security
We have implemented measures designed to secure your personal information from
accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have
given you (or where you have chosen) a password for access to certain parts of
our Website, you are responsible for keeping your password confidential. We ask
you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not
completely secure. Although we do our best to protect your personal information,
we cannot guarantee the security of your personal information transmitted to our
Website. Any transmission of personal information is at your own risk. We are
not responsible for circumvention of any privacy settings or security measures
contained on the Website.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page.
If we make material changes to how we treat our users' personal information, we
will notify you through a notice on the Website home page. The date the privacy
policy was last revised is identified at the top of the page. You are
responsible for ensuring we have an up-to-date active and deliverable email
address for you, and for periodically visiting our Website and this privacy
policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices,
contact us at: carrotswag@bamko.net
Terms & Conditions
Acceptance of the Terms of Use
THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND
OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY
TO YOU WHILE VISITING THE SITE AND PURCHASING GOODS THROUGH THE WEBSITE. PLEASE
READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE
DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND
ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO
NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE
OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH BAMKO (as defined below), OR
(C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S
CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms of use are entered into by and between You and BAMKO, LLC
("Company", "we" or "us"). The following terms and conditions, together with any
documents they expressly incorporate by reference (collectively, these "Terms of
Use"), govern your access to and use of https://carrotswag.com, including any
content, functionality, purchase and sale of products and services offered on or
through https://carrotswag.com (the "Website" or "Site"), whether as a guest or
a registered user.
Please read the Terms of Use carefully before you start to use the Website. By
using the Website, you accept and agree to be bound and abide by these Terms of
Use and our Privacy Policy, found at
https://carrotswag.com/store.php/privacy-policy, incorporated herein by
reference. If you do not want to agree to these Terms of Use or the Privacy
Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older,
and reside in the United States or any of its territories or possessions and
Canada. By using this Website, you represent and warrant that you are of legal
age to form a binding contract with the Company and meet all of the foregoing
eligibility requirements. If you do not meet all of these requirements, you must
not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole
discretion. All changes are effective immediately when we post them, and apply
to all access to and use of the Website thereafter. However, any changes to the
dispute resolution provisions set forth in Governing Law and Jurisdiction will
not apply to any disputes for which the parties have actual notice prior to the
date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use
means that you accept and agree to the changes. You are expected to check this
page each time you access this Website so you are aware of any changes, as they
are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or
material we provide on the Website, in our sole discretion without notice. We
will not be liable if for any reason all or any part of the Website is
unavailable at any time or for any period. From time to time, we may restrict
access to some parts of the Website, or the entire Website, to users, including
registered users.
You are responsible for:
• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet
connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to
provide certain registration details or other information. It is a condition of
your use of the Website that all the information you provide on the Website is
correct, current and complete. You agree that all information you provide to
register with this Website or otherwise, including but not limited to through
the use of any interactive features on the Website, is governed by our Privacy
Policy, https://carrotswag.com/store.php/privacy-policy, and you consent to all
actions we take with respect to your information consistent with our Privacy
Policy.
If you choose, or are provided with, a user name, password or any other piece of
information as part of our security procedures, you must treat such information
as confidential, and you must not disclose it to any other person or entity. You
also acknowledge that your account is personal to you and agree not to provide
any other person with access to this Website or portions of it using your user
name, password or other security information. You agree to notify us immediately
of any unauthorized access to or use of your user name or password or any other
breach of security. You also agree to ensure that you exit from your account at
the end of each session. You should use particular caution when accessing your
account from a public or shared computer so that others are not able to view or
record your password or other personal information.
We have the right to disable any user name, password or other identifier,
whether chosen by you or provided by us, at any time in our sole discretion for
any or no reason, including if, in our opinion, you have violated any provision
of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but
not limited to all information, software, text, displays, images, video and
audio, and the design, selection and arrangement thereof), are owned by the
Company, its licensors or other providers of such material and are protected by
United States and international copyright, trademark, patent, trade secret and
other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal,
non-commercial use only. You must not reproduce, distribute, modify, create
derivative works of, publicly display, publicly perform, republish, download,
store or transmit any of the material and logos on our Website, except as
follows:
• Your computer may temporarily store copies of such materials in RAM incidental
to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for
display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Website for your
own personal, non-commercial use and not for further reproduction, publication
or distribution.
• If we provide desktop, mobile or other applications for download, you may
download a single copy to your computer or mobile device solely for your own
personal, non-commercial use, provided you agree to be bound by our end user
license agreement for such applications.
You must not:
• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics
separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices
from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website
or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other
person with access to any part of the Website in breach of the Terms of Use,
your right to use the Website will cease immediately and you must, at our
option, return or destroy any copies of the materials you have made. No right,
title or interest in or to the Website or any content on the Website is
transferred to you, and all rights not expressly granted are reserved by the
Company. Any use of the Website not expressly permitted by these Terms of Use is
a breach of these Terms of Use and may violate copyright, trademark and other
laws.
Trademarks
INSTACART, the carrot logo, and any other related marks are the IP of Maplebear
Inc. d/b/a Instacart. The Company name, the Company logo and all related names,
logos, product and service names, designs and slogans are trademarks of the
Company or its affiliates or licensors. You must not use such marks without the
prior written permission of the Company. All other names, logos, product and
service names, designs and slogans on this Website are the trademarks of their
respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these
Terms of Use. You agree not to use the Website:
• In any way that violates any applicable federal, state, local or international
law or regulation (including, without limitation, any laws regarding the export
of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors
in any way by exposing them to inappropriate content, asking for personally
identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which
does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional
material, including any "junk mail", "chain letter" or "spam" or any other
similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee,
another user or any other person or entity (including, without limitation, by
using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or
enjoyment of the Website, or which, as determined by us, may harm the Company or
users of the Website or expose them to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or
impair the site or interfere with any other party's use of the Website,
including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access
the Website for any purpose, including monitoring or copying any of the material
on the Website.
• Use any manual process to monitor or copy any of the material on the Website
or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of
the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material
which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any
parts of the Website, the server on which the Website is stored, or any server,
computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed
denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or
profiles, forums, bulletin boards and other interactive features (collectively,
"Interactive Services") that allow users to post, submit, publish, display or
transmit to other users or other persons (hereinafter, "post") content or
materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these
Terms of Use.
Any User Contribution you post to the site will be considered non-confidential
and non-proprietary. By providing any User Contribution on the Website, you
grant us and our affiliates and service providers, and each of their and our
respective licensees, successors and assigns the right to use, reproduce,
modify, perform, display, distribute and otherwise disclose to third parties any
such material for any purpose; provided that if any User Contribution contain
any Instacart Marks, You must obtain prior written consent from Instacart before
any such use, reproduction, modification, performance, display, distribution and
otherwise disclosure.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the
right to grant the license granted above to us and our affiliates and service
providers, and each of their and our respective licensees, successors and
assigns.
• All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User
Contributions you submit or contribute, and you, not the Company, have fully
responsibility for such content, including its legality, reliability, accuracy
and appropriateness.
We are not responsible, or liable to any third party, for the content or
accuracy of any User Contributions posted by you or any other user of the
Website.
Monitoring and Enforcement; Termination
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our
sole discretion.
• Take any action with respect to any User Contribution that we deem necessary
or appropriate in our sole discretion, including if we believe that such User
Contribution violates the Terms of Use, including the Content Standards,
infringes any intellectual property right or other right of any person or
entity, threatens the personal safety of users of the Website or the public or
could create liability for the Company.
• Disclose your identity or other information about you to any third party who
claims that material posted by you violates their rights, including their
intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no
reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any
law enforcement authorities or court order requesting or directing us to
disclose the identity or other information of anyone posting any materials on or
through the Website. YOU WAIVE AND HOLD HARMLESS MAPLEBEAR INC. AND THE COMPANY
AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF
ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS
BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the
Website, and cannot ensure prompt removal of objectionable material after it has
been posted. Accordingly, we assume no liability for any action or inaction
regarding transmissions, communications or content provided by any user or third
party. We have no liability or responsibility to anyone for performance or
nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of
Interactive Services. User Contributions must in their entirety comply with all
applicable federal, state, local and international laws and regulations. Without
limiting the foregoing, User Contributions must not:
• Contain any material which is defamatory, obscene, indecent, abusive,
offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or
discrimination based on race, sex, religion, nationality, disability, sexual
orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual
property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of
others or contain any material that could give rise to any civil or criminal
liability under applicable laws or regulations or that otherwise may be in
conflict with these Terms of Use and our Privacy Policy
https://carrotswag.com/store.php/privacy-policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset,
embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any
person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and
other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other
person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for
general information purposes. We do not warrant the accuracy, completeness or
usefulness of this information. Any reliance you place on such information is
strictly at your own risk. We disclaim all liability and responsibility arising
from any reliance placed on such materials by you or any other visitor to the
Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials
provided by other users, bloggers and third-party licensors, syndicators,
aggregators and/or reporting services. All statements and/or opinions expressed
in these materials, and all articles and responses to questions and other
content, other than the content provided by the Company, are solely the opinions
and the responsibility of the person or entity providing those materials. These
materials do not necessarily reflect the opinion of the Company. We are not
responsible, or liable to you or any third party, for the content or accuracy of
any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is
not necessarily complete or up-to-date. Any of the material on the Website may
be out of date at any given time, and we are under no obligation to update such
material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy
https://carrotswag.com/store.php/privacy-policy. By using the Website, you
consent to all actions taken by us with respect to your information in
compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
1. Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all products
and services listed in your order. All orders must be accepted by us or we will
not be obligated to sell the products or services to you. We may choose not to
accept any orders in our sole discretion. After having received your order, we
will send you a confirmation email with your order number and details of the
items you have ordered. Acceptance of your order and the formation of the
contract of sale between BAMKO and you will not take place unless and until you
have received your order confirmation email.
2. Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The
price charged for a product or service will be the price in effect at the time
the order is placed and will be set out in your order confirmation email. Price
increases will only apply to orders placed after such changes. Posted prices do
not include taxes or charges for shipping and handling. All such taxes and
charges will be added to your merchandise total and will be itemized in your
shopping cart and in your order confirmation email. We are not responsible for
pricing, typographical, or other errors in any offer by us and we reserve the
right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received
by us before our acceptance of an order. You represent and warrant that (i) the
credit card information you supply to us is true, correct, and complete, (ii)
you are duly authorized to use such credit card for the purchase, (iii) charges
incurred by you will be honored by your credit card company, (iv) you authorize
the use of your credit card information by third-party payment processors to
process payment for your orders, and (v) you will pay charges incurred by you at
the posted prices, including all applicable taxes, if any.
3. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the
individual product page for specific delivery options. You will pay all shipping
and handling charges specified during the ordering process.
(b) Title and risk of loss pass to you upon our transfer of the products to the
carrier. Shipping and delivery dates are estimates only and cannot be
guaranteed. We are not liable for any delays in shipments.
Refund policy
This Refund Policy applies to the purchase and sale of products and services
through the Website. This Refund Policy is subject to change by us without prior
written notice at any time, in our sole discretion. The latest version of this
Refund Policy will be posted on the Website, and you should review this Refund
Policy before purchasing any product or services that are available through the
Site. Your continued use of the Site after a posted change in this Refund Policy
will constitute your acceptance of and agreement to such changes.
This Refund Policy is an integral part of the and Website Terms of Use that
apply generally to the use of our Site. You should also carefully review our
Privacy Policy, https://carrotswag.com/store.php/privacy-policy, before placing
an order for products or services through the Site.
Accessories
Unused workout accessories/equipment can be returned for a refund and must be
reported within 30 days after delivery, NO exceptions.
Defective workout accessories/equipment can be returned for the same item only
for a refund and must be reported within 30 days after delivery. NO exceptions.
Apparel
Apparel can be exchanged for a different color or size for full refund within 30
days after delivery.
Item must be unworn, unwashed, undamaged, and unused with all original tags and
packaging. We reserve the right to refuse a refund if the returned apparel does
not fall within the previously listed criteria and will ask you to pay to have
it returned to you.
Important!
It is the customer's responsibility to inspect and report and defects,
shortages, returns, or exchanges to BAMKO customer service within 30 days after
delivery. All claims reported after the 30th day will not be honored. NO
exceptions.
Please contact BAMKO beforehand to ensure your request falls within the seven
days and the arrival time back to our distribution center is not counted against
the time frame.
Shipping charges for the initial purchase are non-fundable.
Shipping charged for returns/exchanges are non-refundable regardless of
circumstances. There are no exceptions in this regard. If you wish to
return/exchanges any of the merchandise under the policies listed above, the
return/exchange merchandise shipping fees will need to be covered by customer.
Shipping charges for orders that are deemed "undeliverable" by the shipping
carrier are non-refundable. Please ensure correct "ship to" address, as we do
not modify shipping addresses in any way before they leave the distribution
center.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal
and does not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval
or endorsement on our part.
This Website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this
Website
• Send e-mails or other communications with certain content, or links to certain
content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to
be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect
to the content they are displayed with and otherwise in accordance with any
additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed
by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that
is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content
accessible, must comply in all respects with the Content Standards set out in
these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking
immediately to cease. We reserve the right to withdraw linking permission
without notice.
We may disable all or any social media features and any links at any time
without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third
parties, these links are provided for your convenience only. This includes links
contained in advertisements, including banner advertisements and sponsored
links. We have no control over the contents of those sites or resources, and
accept no responsibility for them or for any loss or damage that may arise from
your use of them. If you decide to access any of the third party websites linked
to this Website, you do so entirely at your own risk and subject to the terms
and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is Delaware Limited Liability Company located in the
United States. We provide this Website for use only by persons located in the
United States and Canada. We make no claims that the Website or any of its
content is accessible or appropriate outside of the United States and Canada.
Access to the Website may not be legal by certain persons or in certain
countries. If you access the Website from outside the United State and Canada,
you do so on your own initiative and are responsible for compliance with local
laws.
Warranty Disclaimers
For Website use:
You understand that we cannot and do not guarantee or warrant that files
available for downloading from the internet or the Website will be free of
viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost
data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT
MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY
MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON
ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER
THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER
THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT
THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO
STATE.
For purchase of goods and services: Limited Warranty
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE
WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE
SITE WILL BE PERFORMED IN A WORKMANLIKE MANNER AND IN ACCORDANCE WITH GENERALLY
RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
WE LIMIT THE DURATION AND REMEDIES OF ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR
PURPOSE.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR
REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE
SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS
WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR
WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS,
AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR
DURATION OF THIS LIMITED WARRANTY.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO
STATE.
(a) Who May Use This Warranty?
This limited warranty extends only to the original user or purchaser of products
and services from the Site. It does not extend to any subsequent or other owner
or transferee of the product or any transferee or other beneficiary of the
service.
(b) What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below)
defects in materials and workmanship in products and services purchased from the
Site.
(c) What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
(i) transportation;
(ii) storage;
(iii) improper use;
(iv) failure to follow the product instructions or to perform any preventive
maintenance;
(v) modifications;
(vi) combination or use with any products, materials, processes, systems or
other matter not provided or authorized in writing by BAMKO;
(vii) unauthorized repair;
(viii) normal wear and tear; or
(ix) external causes such as accidents, abuse, or other actions or events beyond
our reasonable control.
(d) What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for one year
(the "Warranty Period"). The Warranty Period is not extended if we repair or
replace a warranted product or re-perform a warranted service. We may change the
availability of this limited warranty at our discretion, but any changes will
not be retroactive.
(e) What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in
our sole discretion, either: (i) repair or replace such products (or the
defective part) free of charge or (ii) refund the purchase price of such
products. We will also pay for shipping and handling fees to return the repaired
or replacement product to you if we elect to repair or replace the defective
products.
With respect to any defective services during the Warranty Period, we will, in
our sole discretion, either: (i) repair or re-perform the defective services
free of charge or (ii) refund the purchase price of such services.
(f) How Do You Obtain Warranty Service?
To obtain warranty service, you must call email our Customer Service Department
at carrotswag@instacart.com during the Warranty Period to obtain an RMA number.
No warranty service will be provided without an RMA number.
Limitation on Liability
For Website Use:
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY
KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE
WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS
OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
For purchase of goods and services:
THE REMEDIES DESCRIBED IN PRECEEDING SECTIONS ARE YOUR SOLE AND EXCLUSIVE
REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF OUR LIMITED
WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT
PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH
THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF
PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT,
ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT
OR INDIRECT.
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.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
Goods Not for Resale or Export
You agree to comply with all applicable laws and regulations of the various
states, Canada and of the United States including all Export Regulations, as
defined below. You represent and warrant that you are buying products or
services from the Site for your own personal or household use only, and not for
resale or export. Products and services purchased from the Site may be
controlled for export purposes by export regulations, including but not limited
to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export
Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the
International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their
successor and supplemental regulations (collectively, "Export Regulations").
Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy,
https://carrotswag.com/store.php/privacy-policy, governs the processing of all
personal data collected from you in connection with your purchase of products or
services through the Site.
Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or
breached these Terms, for any failure or delay in our performance under these
Terms when and to the extent such failure or delay is caused by or results from
acts or circumstances beyond our reasonable control, including, without
limitation, acts of God, flood, fire, earthquake, explosion, governmental
actions, war, invasion or hostilities (whether war is declared or not),
terrorist threats or acts, riot or other civil unrest, national emergency,
revolution, insurrection, epidemic, lockouts, strikes or other labor disputes
(whether or not relating to our workforce), or restraints or delays affecting
carriers or inability or delay in obtaining supplies of adequate or suitable
materials, materials or telecommunication breakdown or power outage.
Indemnification
You agree to defend, indemnify and hold harmless the Company and Maplebear Inc.
d/b/a Instacart, its affiliates, licensors and service providers, and its and
their respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors and assigns from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses or fees (including
reasonable attorneys' fees) arising out of or relating to your violation of
these Terms of Use or your use of the Website, including, but not limited to,
your User Contributions, any use of the Website's content, services and products
other than as expressly authorized in these Terms of Use or your use of any
information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or
claim arising therefrom or related thereto (in each case, including
non-contractual disputes or claims), shall be governed by and construed in
accordance with the internal laws of the State of Delaware without giving effect
to any choice or conflict of law provision or rule (whether of the State of
Delaware or any other jurisdiction). Any legal suit, action or proceeding
arising out of, or related to, these Terms of Use or the Website shall be
instituted exclusively in the federal courts of the United States or the courts
of the State of Delaware in each case located in the City of Dover and County of
Kent although we retain the right to bring any suit, action or proceeding
against you for breach of these Terms of Use in your country of residence or any
other relevant country. You waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.
Arbitration
(a) YOU AND BAMKO, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN
A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE
ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO
COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE,
WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER
PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS)
BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF
PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY
BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association
("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then
in effect, except as modified by this Section 11. (The AAA Rules are available
at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal
Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to
arbitrability and/or enforceability of this arbitration provision, including any
unconscionability challenge or any other challenge that the arbitration
provision or the Agreement is void, voidable or otherwise invalid. The
arbitrator will be empowered to grant whatever relief would be available in
court under law or in equity. Any award of the arbitrator(s) will be final and
binding on each of the parties and may be entered as a judgment in any court of
competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys' fees,
the arbitrator may award reasonable fees to you under the standards for fee
shifting provided by law.
(c) You may elect to pursue your claim in small-claims court rather than
arbitration if you provide us with written notice of your intention do so within
60 days of your purchase. The arbitration or small-claims court proceeding will
be limited solely to your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER
YOU NOR BAMKO WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER
CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A
CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
The arbitral tribunal may not consolidate more than one person's claims, and may
not otherwise preside over any form of a representative or class proceeding. The
arbitral tribunal has no power to consider the enforceability of this class
arbitration waiver and any challenge to the class arbitration waiver may only be
raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the
unenforceable provision will be severed and the remaining arbitration terms will
be enforced.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE
TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY
BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of
Use shall be deemed a further or continuing waiver of such term or condition or
a waiver of any other term or condition, and any failure of the Company to
assert a right or provision under these Terms of Use shall not constitute a
waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of
competent jurisdiction to be invalid, illegal or unenforceable for any reason,
such provision shall be eliminated or limited to the minimum extent such that
the remaining provisions of the Terms of Use will continue in full force and
effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and
entire agreement between you and Company with respect to the Website and
supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the
Website.
Assignment
You will not assign any of your rights or delegate any of your obligations under
these Terms without our prior written consent. Any purported assignment or
delegation in violation of this Section 12 is null and void. No assignment or
delegation relieves you of any of your obligations under these Terms.
No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon
any person other than you.
Notices
(a) To You. We may provide any notice to you under these Terms by: (i) sending a
message to the email address you provide or (ii) by posting to the Site. Notices
sent by email will be effective when we send the email and notices we provide by
posting will be effective upon posting. It is your responsibility to keep your
email address current.
(b) To Us. To give us notice under these Terms, you must contact us by personal
delivery, overnight courier or registered or certified mail to BAMKO, LLC, c/o
General Counsel, 11620 Wilshire Blvd., Suite 610, Los Angeles, CA 90025. We may
update the address for notices to us by posting a notice on the Site. Notices
provided by personal delivery will be effective immediately. Notices provided by
overnight courier will be effective one business day after they are sent.
Notices provided by registered or certified mail will be effective three
business days after they are sent.
All other feedback, comments, requests for technical support and other
communications relating to the Website should be directed to:
carrotswag@instacart.com
Supply Chain
The California Transparency in Supply Chains Act of 2010 seeks the elimination
of slavery and human trafficking from product supply chains and requires many
retailers and manufacturers that do business in California to publicly disclose
their efforts to eradicate slavery and human trafficking from their supply
chains.
We embrace this goal. While we believe the risk of slavery or human trafficking
in our supply chain is low, we nonetheless have a variety of mechanisms in place
to assess and reduce the risks.
We seek to build relationships with our suppliers based on mutual benefit,
trust, performance, and a joint commitment to continuous improvement. We require
our suppliers to operate ethically and to comply with all contract terms, laws,
and regulations.
We employ various methods for assessing the risk of slavery and human
trafficking in our supply chain, including routine visits to facilities by
employees and assessments by third-parties. Many of our supplier's facilities
are assessed by the Worldwide Responsible Accredited Production (WRAP) program,
which is an independent, non-profit organization dedicated to the certification
of lawful, humane, and ethical manufacturing throughout the world. We also
conduct periodic announced and unannounced audits and visits of suppliers'
facilities and requires suppliers, when possible, to be certified by an
independent organization.
If needed, we work with our suppliers to develop a corrective action plan to
address gaps or vulnerabilities. A supplier's failure to comply with our
expectations regarding slavery and human trafficking will result in termination
of the supplier relationship. We place a responsibility on our employees as
well. Our employees are required to report anything they observe or discover
that indicates our standards are not being met. Every employee is expected to be
an active proponent of our principles. Employees who fail to comply with our
expectations are subject to disciplinary action, up to and including termination
of employment. To minimize the risk of this occurring, our long-term goals
include educating our employees involved in supply chain management as to the
risks of slavery and human trafficking.
CONTACT CARROT STORE
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