TERMS AND CONDITIONS


Terms and Conditions of Use

Welcome to the BumbleBeeNook.com website (the “BumbleBeeNook.com Site”), a website owned and operated by BumbleBee Nook, Inc.

These Terms of Use constitute a legally binding agreement between you and BumbleBee Nook. Please read these Terms of Use, the terms and conditions posted through any BumbleBee Nook Device or Application, or any additional terms and conditions, policies and guidelines posted on any other website, application, or services provided by BumbleBee Nook (collectively, the “BumbleBee Nook Services”) carefully before using the BumbleBee Nook Services.

The terms and conditions stated below, along with the policies and guidelines located throughout the BumbleBee Nook Services (collectively herein the “Terms of Use”) identify what a user of the BumbleBee Nook Services (“you” or “your” or “User” or “Users”) can expect from BumbleBee Nook, Inc., its parent, subsidiaries, and affiliates (together referred to herein as “BumbleBee Nook”, “we”, “us” or “our”), and/or persons who provide products or services to BumbleBee Nook customers either directly or through the BumbleBee Nook Services (“BumbleBee Nook Providers”) and what BumbleBee Nook in turn expects from Users. By visiting any BumbleBee Nook Service, creating an account, making a purchase via the BumbleBee Nook Services, downloading a BumbleBee Nook application, joining any BumbleBee Nook online interactive community, posting a review or creating a profile, or otherwise joining, viewing, visiting or contributing to BumbleBee Nook user forums, blogs, or interactive features, you agree that you have read, understood, and agree to be bound by the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the BumbleBeeNook.com Site or any other BumbleBee Nook Service immediately.

These Terms and Conditions of Use require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please see Section 16 for details, including instructions to follow in order to opt out of binding arbitration and the class action waiver.

Separate terms and conditions apply to the purchase, download and use of digital content such as software applications, books, magazines, newspapers, periodicals, movies and television shows (“Digital Content”). 

1. LICENSES AND RESTRICTIONS

1.1 Licenses. BumbleBee Nook grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with BumbleBee Nook documented in a separate agreement) of the BumbleBee Nook Services, its Content (as that term is defined in Section 3 below. Additional terms and conditions apply to User Created Content, as that term is defined in Section 11 below. BumbleBee Nook further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the BumbleBee Nook Services so long as the link does not portray BumbleBee Nook, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.

1.2 Restrictions. The licenses in Section 1.1 do not include any rights to:

  • (a) modify, download (other than      page caching), reproduce, copy, or resell the BumbleBee Nook Services, the      Content or any portion or derivative thereof;

  • (b) commercially use the BumbleBee      Nook Services, the Content or any portion derivative thereof (unless User      has a business relationship with BumbleBee Nook, in which case such      commercial use will be governed by the terms applicable to such business      relationship);

  • (c) copy or download any User’s      account or profile information for the benefit of any third party;

  • (d) enable high volume,      automated, electronic processes that apply to the BumbleBee Nook Services      or its systems, the Content or any portion or derivative thereof;

  • (e) use any robot, spider, data      miner, crawler, scraper or other automated means to access or index the BumbleBee      Nook Services or its systems, the Content or any portion or derivative      thereof for any purpose;

  • (f) interfere or attempt to      interfere with the proper working of the BumbleBee Nook Services;

  • (g) bypass any measures used by BumbleBee      Nook to prevent or restrict access to any portion of the BumbleBee Nook      Services, the Content or any portion or derivative thereof;

  • (h) frame or utilize framing      techniques to enclose any trademark, logo, or other proprietary      information (including images, text, page layout, or form) of BumbleBee      Nook;

  • (i) use BumbleBee Nook’s name,      trademarks, services marks or logos in any meta tags or any other “hidden      text”; or

  • (j) compile, repackage,      disseminate or otherwise use data extracted from the BumbleBee Nook      Services.

  • The foregoing are expressly      prohibited and the right to do any of the foregoing shall require BumbleBee      Nook’s express written consent (which may include a written agreement      signed by an authorized representative of BumbleBee Nook). Any      unauthorized use of the BumbleBee Nook Services, the Content or any      portion or derivative thereof shall terminate any license or permission      granted by BumbleBee Nook.

2. TRADEMARKS

BumbleBee Nook, or its parent, subsidiaries, or affiliates, or third parties from whom BumbleBee Nook has permission, own the trademarks or service marks that are used on the BumbleBee Nook Services. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of BumbleBee Nook and its licensors may not be used without prior written consent of BumbleBee Nook or its licensor, as the case may be. Without limiting the foregoing, no BumbleBee Nook trademark or trade dress may be used in connection with any product or service that is not BumbleBee Nook’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits BumbleBee Nook. 

3. CONTENT

3.1 Proprietary Rights. User acknowledges that the BumbleBee Nook Services contain certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) (“Content”), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and BumbleBee Nook owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the BumbleBee Nook Services. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.

3.2 Third-Party Content. BumbleBee Nook is a distributor and not a publisher of Content supplied by third parties and Users. BumbleBee Nook has no editorial control over such Content. BumbleBee Nook is not obligated to review Content, including User Created Content, as that term is defined in Section 11 below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of BumbleBee Nook or any BumbleBee Nook Provider, unless expressly stated otherwise. Neither BumbleBee Nook nor any BumbleBee Nook Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third-party Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through the BumbleBee Nook Services represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either BumbleBee Nook or any BumbleBeeNook.com Provider be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the BumbleBee Nook Services. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through the BumbleBee Nook Services.

4. PRICES

4.1 Prices. The price for an item on the BumbleBee Nook Services may differ from the price shown in a User’s shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the BumbleBee Nook Services. If the price for the item on the BumbleBee Nook Services is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of BumbleBee Nook, BumbleBee Nook may either (a) contact the User for instructions before shipping the item or charging the User for such item; (b) cancel the order for such item and notify the User of such cancellation; or (c) ship the item at the incorrect price to the benefit of the User.

4.2 Notice. Please note that this policy regarding prices applies only to items sold and shipped by BumbleBee Nook. Any purchases from any third-party sellers on the BumbleBee Nook Services may be subject to different policies in the event of an incorrectly priced item.

5. RISK OF LOSS

The risk of loss and title for all items purchased via the BumbleBee Nook Services pass to the User upon delivery of the item to the carrier.

6. PRODUCT DESCRIPTION

The items offered for sale on the BumbleBee Nook Services contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. BumbleBee Nook does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM BUMBLEBEE NOOK THAT IS NOT AS DESCRIBED IN THE BUMBLEBEE NOOK SERVICES, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.

7. AGE OF USERS

Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (‘Minors’) are not permitted to use BumbleBee Nook websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 16 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 16 has provided any personal information to or on any of the BumbleBee Nook websites, we will remove that information as soon as possible.

8. TERMINATION OF USAGE

8.1 Termination Rights. BumbleBee Nook may issue a warning, temporarily suspend, indefinitely suspend or terminate any User’s right to use or access all or any part of the BumbleBee Nook Services including any account thereon, without notice, for any reason in BumbleBee Nook’s sole discretion, including, without limitation, violation of the Terms of Use, BumbleBee Nook’s belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, BumbleBee Nook, any BumbleBeeNook.com Provider or another User.

8.2 Restricted Users. In certain cases, in BumbleBee Nook’s sole discretion, BumbleBee Nook may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) his or her right to use or access any part of the BumbleBee Nook Services has been terminated, including the right to use, access or create any account thereon; (ii) that BumbleBee Nook refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

9. INDEMNITY

User agrees to indemnify, defend and hold BumbleBee Nook (and its affiliates, employees, contractors, agents, suppliers and partners) and each BumbleBee Nook Provider harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including reasonable attorneys' fees, brought by any third party due to or arising out of (i) such User’s use of the BumbleBee Nook Services, (ii) any alleged breach or violation of the Terms of Use or (iii) such User’s violation of any law or the rights of a third party. BumbleBee Nook reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify BumbleBee Nook, and User agrees to cooperate with BumbleBee Nook’s defense of such matter. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive the Terms of Use and your use of the BumbleBee Nook Services.

10. PASSWORD AND ACCOUNT SECURITY

10.1 Account Password. Every User that has an account for the BumbleBee Nook Services is responsible for (i) keeping his or her account password confidential and secured; (ii) avoiding unauthorized access to such User’s computer or other devices; and (iii) keeping the contact information associated with that account current. User acknowledges that it is necessary to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her BumbleBee Nook account using an old e-mail address, such User will not receive messages from BumbleBee Nook about his or her orders and inquiries or other matters.

10.2 Account Security. User accepts full responsibility for all activities that occur within such User’s BumbleBee Nook account or within the BumbleBee Nook Services interactive community, whether or not authorized by the User.

11. INTERACTIVE COMMUNITY

11.1 Interactive Community Users. The BumbleBee Nook Services offer numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services (“Interactive Community”). This Section 11, Interactive Community, applies to the activities of persons who are using the interactive features within the BumbleBee Nook Services (“Interactive Community Users”). The scope of these features may change from time to time, with or without notice. You are using Interactive Community features if you post a review or blog entry, create a list, create a profile, submit any other User Created Content, as defined below, or otherwise participate in any interactive feature.

11.2 Interactive Community Services. Interactive Community features may be used only for lawful purposes in accordance with these Terms of Use. If you are using any BumbleBee Nook Services Interactive Community features, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on or through the Interactive Community features, please choose carefully the information that you post and/or provide to other Users (“User Created Content”). User is prohibited from posting on or transmitting through the BumbleBee Nook Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. BumbleBee Nook reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community features at any time, for any or no reason, with or without prior notice or explanation, and without liability.

11.3 Right to Remove Profile or Terminate Access. BumbleBee Nook reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community features for any reason.

11.4 Misuse of Interactive Community Services. If you become aware of misuse of the Interactive Community features, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the “Flag” feature on the page in question.

11.5 User Created Content.

  • (a) Notwithstanding the      foregoing, BumbleBee Nook assumes no responsibility for ongoing monitoring      of the BumbleBee Nook Services or for removal or editing of any User      Created Content, even after receiving notice. BumbleBee Nook assumes no      liability for any action or inaction with respect to conduct,      communication, or User Created Content within the Interactive Community.      You are responsible for your interactions with other Users.

  • (b) You may not post User Created      Content that: involves the transmission of “junk mail,” “chain letters,”      or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;      contains restricted or password only access pages or hidden page or images      (those not linked to or not otherwise from another accessible page);      solicits passwords or personal identifying information for commercial or      unlawful purposes from other Users; involves commercial activities and/or      sales such as contests, sweepstakes, barter, advertising, or pyramid      schemes; includes a photograph or video of another person that you have      posted without that person’s consent; circumvents or modifies, or attempts      to circumvent or modify, or encourages or assists any other person in      circumventing or modifying, any security technology or software that is      part of the BumbleBee Nook Services; involves the use of viruses, bots,      worms, or any other computer code, files or programs that interrupt,      destroy or limit the functionality of any computer software or hardware,      or otherwise permit the unauthorized use of or access to a computer or a      computer network; covers or obscures the banner advertisements on your      personal profile page; involves any automated use of the BumbleBee Nook      Services, such as, but not limited to, using scripts to add friends or      send comments or messages; interferes with, disrupts, or creates an undue      burden on the BumbleBee Nook Services or the networks or services      connected to the Interactive Community services; impersonates or attempts      to impersonate another Interactive Community User, person or entity; uses      the account, username, or password of another Interactive Community User      at any time or discloses your password to any third party or permits any      third party to access your account; sells or otherwise transfers your      profile; uses any information obtained from the BumbleBee Nook Services in      order to harass, abuse, or harm another person or entity, or attempting to      do the same.

  • (c) Interactive Community Users      may upload to or otherwise submit to BumbleBee Nook for distribution on      the BumbleBee Nook Services only (i) User Created Content that is not      subject to any copyright or other proprietary rights restrictions; or (ii)      User Created Content in which the owner or licensor has given express      authorization for BumbleBee Nook to distribute over the Internet. You may      not upload, embed, post, e-mail, transmit or otherwise make available any      material that infringes any copyright, patent, trademark, trade secret or      other proprietary rights of any person or entity. Any copyrighted or other      proprietary User Created Content distributed with the consent of a      copyright owner should contain a phrase such as “Copyright, owned by [name      of owner]; used by permission.” BumbleBee Nook is entitled to presume that      all User Created Content conforms to the foregoing requirements. The      unauthorized submission of copyrighted or other proprietary User Created      Content is illegal and could subject the User to personal liability for      damages in a civil suit as well as criminal prosecution. Interactive      Community Users assume all liability for any damage resulting from any      infringement of copyrights or proprietary rights, or from any other harm      arising from an unauthorized submission or submission of User Created      Content. BumbleBee Nook assumes no liability for any damage resulting from      any infringement of copyrights or proprietary rights, or from any other      harm arising from any User Created Content.

  • (d) By submitting User Created      Content within the Interactive Community, Interactive Community Users      automatically grant, or represent and warrant that the owner or authorized      licensor of such User Created Content has expressly granted, BumbleBee      Nook, the royalty-free, perpetual, irrevocable, non-exclusive right and      license to use, reproduce, publish, translate, sublicense, copy, modify,      delete, enhance and distribute the User Created Content in whole or in      part worldwide and/or to incorporate such User Created Content in other      works in any form, media, or technology now known or hereafter developed      for the full term of any copyright that may exist in such User Created      Content. Subject to this grant, the licensor of User Created Content submitted      to BumbleBee Nook retains any and all rights which may exist in such User      Created Content.

12. NOTICES

User consents to electronic communications with BumbleBee Nook, whether addressed to the e-mail address associated with such User’s BumbleBee Nook account or posted on the BumbleBee Nook Services. User acknowledges and agrees that any communication via e-mail or by postings on the BumbleBee Nook Services satisfies any legal requirement that such communications be made in writing.

13. DISCLAIMERS AND LIMITATION OF LIABILITY

13.1 DISCLAIMER OF WARRANTIES.

  • (a) TO THE MAXIMUM EXTENT      PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE      THE BUMBLEBEE NOOK SERVICES AND ANY BUMBLEBEE NOOK ACCOUNT ON AN “AS IS”      AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY      WHATSOEVER. THE USE OF THE BUMBLEBEE NOOK SERVICES OR ANY BUMBLEBEE NOOK      ACCOUNT IS AT YOUR SOLE RISK. NEITHER WE NOR OUR SUPPLIERS, AFFILIATES OR      LICENSORS (AS APPLICABLE) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND,      EXPRESS OR IMPLIED, THAT THE BUMBLEBEE NOOK SERVICES, ANY BUMBLEBEE NOOK      ACCOUNT OR THEIR USE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF      DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR      REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY      DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,      INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR      PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY,      SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT OR ARISING BY      REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.

  • (b) BUMBLEBEE NOOK IS NOT      RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY,      USER CREATED CONTENT POSTED ON THE BUMBLEBEE NOOK SERVICES OR THROUGH THE BUMBLEBEE      NOOK SERVICES. USER CREATED CONTENT DOES NOT NECESSARILY REFLECT THE      OPINIONS OR POLICIES OF BUMBLEBEE NOOK. PROFILES AND THIRD PARTY      APPLICATIONS CREATED AND POSTED BY USERS ON THE BUMBLEBEE NOOK SERVICES      MAY CONTAIN LINKS TO OTHER WEBSITES. BUMBLEBEE NOOK IS NOT RESPONSIBLE FOR      THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH      WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR      ACCURACY OR COMPLETENESS BY BUMBLEBEE NOOK. INCLUSION OF ANY LINKED      WEBSITE ON THE BUMBLEBEE NOOK SERVICES DOES NOT IMPLY APPROVAL OR      ENDORSEMENT OF THE LINKED WEBSITE BY BUMBLEBEE NOOK. WHEN YOU ACCESS THESE      THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. BUMBLEBEE NOOK IS NOT      RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE      BUMBLEBEE NOOK SERVICES.

  • (c) WE TAKE NO RESPONSIBILITY FOR      THIRD-PARTY ADVERTISEMENTS OR THIRD-PARTY APPLICATIONS THAT ARE POSTED ON      OR THROUGH OR MADE AVAILABLE ON THE BUMBLEBEE NOOK SERVICES, AND, TO THE      MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT TAKE ANY      RESPONSIBILITY FOR ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTY      ADVERTISERS ON THE BUMBLEBEE NOOK SERVICES.

13.2 LIMITATION OF LIABILITY.

  • (a) EXCLUSION OF DAMAGES. TO THE      MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND      LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST      PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR      GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER      INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH      YOUR USE OF (OR INABILITY TO USE) THE BUMBLEBEE NOOK SERVICES OR ANY BUMBLEBEE      NOOK ACCOUNT REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED      (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR      MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  • THE ABOVE EXCLUSIONS OF LIABILITY      ARE NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS      OF NEW JERSEY, BUMBLEBEE NOOK SHALL NOT BE LIABLE FOR ANY DAMAGES      RESULTING FROM THE USE OF THE BUMBLEBEE NOOK SERVICES OR THE MATERIALS ON      THE BUMBLEBEE NOOK SERVICES UNLESS SUCH DAMAGES ARE THE RESULT OF OUR      NEGLIGENT OR RECKLESS ACTS OR OMISSIONS.

  • (b) LIMITATION OF LIABILITY. TO      THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR      AGGREGATE LIABILITY RELATED TO THE BUMBLEBEE NOOK SERVICES OR YOUR BUMBLEBEE      NOOK ACCOUNT EXCEED US$100 IN TOTAL (OR THE EQUIVALENT IN LOCAL CURRENCY,      TO THE EXTENT THAT LOCAL CURRENCY NEEDS TO APPLY).

14. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of BumbleBee Nook to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

15. APPLICABLE LAW; JURISDICTION

15.1 Applicable Law. The BumbleBee Nook Services are created and controlled by BumbleBee Nook in the State of Florida. The laws of the State of Florida will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

15.2 Jurisdiction. Each of BumbleBee Nook and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Orange County, Florida and waives any objection to the laying of venue of any litigation in said courts.

16. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND BUMBLEBEE NOOK TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

Any dispute or claim arising from, relating to, or connected with these Terms of Use, the BumbleBee Nook Services, the BumbleBee Nook Content including Digital Content, any BumbleBee Nook account and/or any Digital Library (each a “Claim”) will be resolved by binding arbitration (rather than in court). All Claims submitted to arbitration under these Terms of Use will be administered by the American Arbitration Association under its Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be the State of Florida or, where limited by applicable law, the jurisdiction in which you reside or may be conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. Notwithstanding this Section 16, we may bring a Claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce our intellectual property rights or those of our affiliates, suppliers, or licensors.

WAIVER OF CLASS ACTIONS. We each agree that any Claim will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. WE EACH AGREE THAT WE ARE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVING ANY RIGHT WE MAY HAVE TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE DIGITAL CONTENT TERMS OF SALE.

OPTION TO OPT-OUT. To opt out of the arbitration and class-action waiver terms in this Section 16, you must notify us in writing within 30 days of the date that you first accept these Terms and Conditions of Use (unless a longer period is required by applicable law). You must mail your written notification to BumbleBee Nook, C/O Donohoe Law, P.A. to 3956 Town Center Blvd. Unit 153, Orlando, Florida 32837 and your written notification must include your name, address and an unequivocal statement that you want to opt-out of this arbitration agreement.

You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have must be filed within one (1) calendar year after such Claim or cause of action arises, or forever be barred.

For purposes of any Claim that is not subject to the arbitration procedures in this Section 16, we both agree to the governing law and jurisdiction as set out in Section 15.1 above.

17. EXPORT

Any software distributed by BumbleBee Nook is “commercial computer software” or “commercial computer software documentation.” The U.S. Government’s rights with respect to the BumbleBee Nook Services are limited by these Terms and Conditions of Use, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as applicable. User agrees that by installing, copying, or otherwise using the BumbleBee Nook Services that: (i) User does not reside in a country subject to embargo or export controls by the U.S. Government; (ii) User is not on the List of Denied Persons as published by the U.S. government; and (iii) User will not use the BumbleBee Nook Services for any illegal purpose. Because the BumbleBee Nook Services, and related technical data are subject to U.S. export controls, User agrees that User shall not upload, export or “re-export” (transfer) the BumbleBee Nook Services or any Content, including User Created Content, unless User has complied with all applicable U.S. export controls.

18. ADDITIONAL TERMS AND CONDITIONS

In addition to the policies and guidelines located throughout the BumbleBee Nook Services, the following policies are incorporated into the Terms of Use:

19. ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and BumbleBee Nook regarding User’s relationship with BumbleBee Nook and supersedes any prior or contemporaneous statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. As used in these Terms of Use, “including” means “including, without limitation.”

20. MODIFICATION

These terms were last revised on July 19, 2024. 


21. Copyright & Trademarks

BumbleBee Nook respects the rights of others and we expect our users to do the same. BumbleBee Nook prohibits the infringement of the copyrights of others, and it is also our policy that we terminate the access privileges of repeat offenders.

If you have evidence, know, or have a good faith belief that any content residing on or accessible through the BumbleBee Nook.com Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement, consistent with the requirements of the “Safe Harbor” Provisions of the Digital Millennium Copyright Act (17 U.S.C. § 512), by fax, email, or regular mail to BumbleBee Nook's designated Copyright Agent to receive notifications of claimed infringement by one of the following means:

Copyright Agent
Donohoe Law, P.A.

3956 Town Center Blvd. Unit 153
Orlando, FL 32837
E-mail: Andrea@DonohoeLawPA.com 

and with the information that sets forth the items specified below (see 17 U.S.C. § 512):

  • Identify the copyrighted work      claimed to have been infringed. If multiple copyrighted works are covered      by a single notification, provide a representative list of such works.

  • Identify the material that is      claimed to be infringing or to be the subject of infringing activity.      Include information reasonably sufficient to permit BumbleBee Nook to      locate the material. Please provide a URL and screenshots for each item.      Include the specific asset(s) or page(s) that you claim to be infringing.      Say "entire work" ONLY if all assets/pages in a      collection/document are infringing.

  • Include details of your claim to      the material, or your relationship to the material's copyright holder.

  • Provide your full name, address,      and telephone number should we need to clarify your claim.

  • Provide a working e-mail address      where we can contact you to confirm your claim.

  • If true, include the following      statement: "I have a good faith belief that use of the material in      the manner complained of is not authorized by the copyright owner, its      agent, or the law."

  • If true, include the following      statement: "The information in the notification is accurate, and I      swear, under penalty of perjury, that I am, or am authorized to act on      behalf of, the owner of an exclusive right that is allegedly      infringed."

  • Sign the document, physically or      electronically.

TRADEMARKS

All graphics, logos, page headers, icons, feature and service names included in or made available through BumbleBee Nook are trademarks, servicemarks, or other intellectual property of BumbleBee Nook. Such trademarks and other intellectual property may not be used in any manner that is not authorized by law or expressly by BumbleBee Nook in writing, or in any manner likely to cause confusion, or that disparages or discredits BumbleBee Nook. All other trademarks not owned by BumbleBee Nook that appear on its websites are the property of their respective owners. All rights reserved.

BumbleBee Nook Accessibility Statement

Our Commitment
BumbleBee Nook is committed to accessibility as part of providing an exceptional experience for our employees, customers, business partners and their families. This includes creating and maintaining digital products and services—including our websites— that are accessible to the widest possible audience, regardless of ability.
 

Accessibility in Action
BumbleBee Nook's Accessibility Team is dedicated to making accessibility a priority. This philosophy extends to everything we do—from the goods and services we provide to the people we employ in our organization.
 

Ongoing Efforts
Our job is not done. BumbleBee Nook is actively working to increase the usability of our products and services as part of our commitment to continuous improvement. We are listening to your feedback, partnering with relevant organizations and conducting research to ensure we meet existing standards and identify areas of potential concern.
 

For Further Information
We value your input. If you have an accessibility-related question, comment or problem, please contact Charles@bumblebeenook.com. 

Cookie Policy

Like many online retailers, we and/or our third party providers use cookies to recognize you as you use or return to BumbleBee Nook Websites. This is done so that we can personalize and enhance your browsing and shopping experience. “Cookies” are small files that are placed in your browser to collect information about your activities on a BumbleBee Nook Website. Cookies help us to: (1) speed navigation, keep track of items in your shopping cart and provide you with content that is tailored to you; (2) remember information you gave us so that you do not have to re-enter it; (3) determine the effectiveness of some of our and our third party partners’ marketing efforts and communications; and (4) monitor the total number of visitors, pages viewed, and the total number of ads displayed.

We use the following types of cookie:

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the BumbleBee Nook Services will not then work.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors navigate on our site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.

Functional Cookies

These cookies enable the website to provide enhanced functionality and personalization. They may be activated by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.

Targeting Cookies

These cookies may be activated on our site by our advertising partners. They may be used by those companies to build a profile of your interests, to measure the effectiveness of marketing campaigns, and show you relevant adverts on other sites. They are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience fewer targeted advertisements.

How to Manage Cookies

How can I opt-out of cookies?

You can opt-out of targeting cookies by clicking on the “Reject All Cookies” button on the cookie banner at the bottom of the website homepage. In addition, you can choose to have your browser notify you when cookies are being written to your computer or accessed, or you can disable/block cookies entirely using the features provided in your browser’s settings.

Please see the following links with instructions on how to disable cookies on your browser:

NOTE: If you decide to opt-out of or disable cookies, you may not be able to use all of our website features or some features may break.