Definitions
“eBubbler” means eBubbler™.
“Site” means the website owned and operated by eBubbler and located at www.eBubbler.com, including any page, element or part thereof and all domains linked to such website.
“Terms” means Terms and Conditions of Use and Privacy Statement that govern this website
“User” means any person who enters, uses the www.eBubbler.com website, or orders eBubbler.

1. General.
a. eBubbler maintains this Internet site (the "Site") for informational and communication purposes. Your access to and use of this Site is subject to the following Terms and Conditions of Use and Privacy Statement ("Terms"), as well as any modifications issued by eBubbler to these Terms and all applicable laws and regulations. By using this Site, you agree and will be deemed to be bound by these Terms. If you do not want to be bound by these Terms, do not use this Site.

b. This Site provides general information concerning eBubbler ideas and the opportunity to obtain additional information concerning these services or to purchase its ideas. These Terms and the information provided in this Site in no way override the terms and conditions of your purchase of any product or service except as specifically provided therein.

2. Changes in Terms; Termination.
a. eBubbler shall have the right at any time and without prior notice to revise the terms and provisions of these Terms or to impose new terms and conditions with respect to access to or use of this Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. Any access or use of this Site by the User after notice of revisions or additions to these Terms shall constitute and be deemed to be your (the User) agreement to such revisions or additions.

b. eBubbler also shall have the right to terminate this Site or any products or services offered through the Site, or any individual's right to access or use any portion of or product or service offered through the Site, at any time and without prior notice.

3. Site Content.
The information and materials posted on this Site may contain errors, omissions, or typographical errors or may be out of date. eBubbler may change, delete, or update any posted information or materials at any time and without prior notice. The information and materials posted on this Site are provided for informational purposes only and are not binding on eBubbler in any way except to the extent they are specifically indicated to be so.

4. Linked Third Party Sites.
Links to other Internet sites operated by third parties, including members of  eBubbler's authorized dealer network or eBubbler's corporate partners, do not constitute sponsorship, endorsement, or approval by eBubbler of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by eBubbler, and eBubbler is not responsible for the availability, content, policies, or practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk.

5. DISCLAIMER OF WARRANTY.
eBubbler makes no warranties or representations whatsoever concerning this Site or any linked site or its content, including the availability of any site or the information and materials on it or the accuracy, completeness, or timeliness of that information and materials. eBubbler also does not warrant or represent that your (the User) access to or use of any site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the site is free of computer viruses or other harmful components. Without limiting the foregoing, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

6. LIMITATION ON LIABILITY.
UNDER NO CIRCUMSTANCES WILL eBubbler BE LIABLE TO YOU (the User) OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF eBubbler IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Trademarks and Copyrights.
Unless otherwise noted, the trademarks, logos, and service marks used on the Site are owned by eBubbler or by third parties that have licensed their use to eBubbler. You may view and download these marks for informational purposes only as permitted by applicable copyright laws and must retain intact all copyright and other proprietary notices. Other use of these marks, except as specifically permitted in these Terms or the Site content or a writing signed by eBubbler, is strictly prohibited.

8. Submissions.
Other than your e-mail address or customer information, which is subject to the Privacy Statement set forth in Section 10 herein, any communication or material you transmit to this Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by eBubbler, members of its authorized dealer network, its corporate partners, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, eBubbler, members of its authorized dealer network, its corporate partners, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.

9. Indemnification.
You agree to defend, indemnify, and hold harmless eBubbler, members of its authorized dealer network, its corporate partners, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs, arising out of or relating to your breach of these Terms or your access to or use of this Site. The foregoing indemnification obligation shall survive termination of these Terms and the Site and any product or service provided to you arising out of or relating to your use of the Site.

10. Privacy Statement.
a. eBubbler respects the privacy of personally identifiable information about visitors to this Site such as names or e-mail addresses and will collect such information about you only when you knowingly and voluntarily submit it. eBubbler does not sell or rent personally identifiable information about visitors to the Site to third parties other than members of its authorized dealer network. eBubbler will not use personally identifiable information about visitors to the Site for the purpose of broadcasting unsolicited e-mail newsletters or bulletins and will transmit such newsletters or bulletins only to individuals that specifically request to subscribe. eBubbler also will not authorize use of personally identifiable information about visitors to the Site by members of its authorized dealer network for the purpose of broadcasting unsolicited e-mail newsletters or bulletins.

b. eBubbler may use personally identifiable information about visitors to the Site in aggregate form to enhance the Site and make it more responsive to the interests of such visitors. Statistical compilations of such information also may be used by eBubbler or provided to others for marketing, advertising, or research purposes.

c. eBubbler may collect certain non-personal information about visitors to the Site, including but not limited to the identity of their Internet browsers, the types of operating systems they use, their locations, and the domain names of their Internet service providers. Such non-personal information may be used for purposes including but not limited to improving the content of the Site, marketing, advertising, or research.

d. eBubbler is not responsible for the privacy policies or practices of members of its authorized dealer network, advertisers, operators of linked sites, or other third parties.

11. Miscellaneous.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by eBubbler of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms.

eBubbler shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

Access to or use of this Site shall not be construed as eBubbler's purposeful disregard of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of New Mexico. This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflicts or choice of laws principles. In any matter connected with the Site or these Terms, the parties hereto consent exclusively to personal jurisdiction in the United States District Court for the Sate of New Mexico.

12. Website Usage Restrictions
You may access and view the Content (as defined below) appearing on this Site for personal, non-commercial use only. You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not make the Content available to any third party. eBubbler reserves complete title and full intellectual property rights in any Content that you download from this Website.

You agree to use this Site only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this Site; and (iii) conducting fraudulent activities.

13. Proprietary Rights
The eBubbler logos and trademarks, as well as other marks, trade names, trademarks and logos on this Site, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.

The entire contents of this Site, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by eBubbler or a eBubbler affiliate or by third parties who have licensed their rights to eBubbler. All Content is copyrighted as a collective work under the U.S. and international copyright laws and eBubbler owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Site. Except as provided above, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, "and frame" the Content in any manner or sell or attempt to sell the Content.

14. Placing an Order
eBubbler has anti-fraud safeguards in place and will pursue prosecution for all fraudulent orders. Orders will be shipped to the name and address provided at the time of the order through this Site.

The risk of loss and title for all merchandise ordered on this Site pass to you when the merchandise is delivered to the shipping carrier.

eBubbler reserves the right to limit quantities ordered and to cancel or reject orders.

UPS refused deliveries will be charged a 25% restocking fee. Common Carrier refused deliveries will be charged a 25% restocking fee plus freight charges both ways.

Shipping Charges are based on the method of shipping and weight, size of package and destination.

15. For Damaged or Lost Package
All packages are insurance through UPS, USPS, and/or other third party insurance agencies. eBubbler does not hold any responsibilities for any lost and damage packages due to the fact they are all covered by insurance agencies. Customer is required to give notice within 24 hours after the package’s arrival if package is damaged. eBubbler will notify insurance agency within 48 hours and following with investigation.

For lost packages, customer/purchaser is not responsible, nor eBubbler UPS, USPS or insurance agency take full coverage against lost or damaged package. However, until a decision is made, eBubbler cannot issue anything. Claims may take up to 7 business days.

16. Prices
All prices and specifications are subject to change without notice. eBubbler shall not be held liable for graphic, clerical, typographical, and printing errors. All sales are final.