PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE ENROLLING IN ANY BUCKED UP SUBSCRIBE AND SAVE SUBSCRIPTION SERVICE. BY SIGNING UP FOR ANY SUBSCRIPTION SERVICE, YOU THEREBY ACCEPT THESE TERMS & CONDITIONS, WHICH CONTAIN A WAIVER OF CLASS-ACTION AND JURY TRIAL RIGHTS AND LIMITATIONS ON LIABILITY, AS SET FORTH BELOW.
Das Labs LLC, dba Bucked Up (“Bucked Up”), offers a Subscribe and Save Subscription Service (the “Subscription”) on certain products offered on its website and/or mobile application (the “Products”). The following terms and conditions (the “Terms”) apply to your participation in any Subscription. These Terms are between you and Bucked Up and/or its affiliates, and govern each party’s respective rights and obligations.
Bucked Up reserves the right to change, modify, or withdraw any of the Terms, in part or in whole, from time to time and without notice. Such changes, modifications, or withdrawals shall be effective on the date they are published.
BENEFITS By enrolling in any Subscription, you are agreeing to pay for and receive continuous shipments of the applicable Bucked Up product at the chosen time interval. You will be charged for such Products at the indicated price (which price may change from time to time) and prior to shipment. Shipping charges may be applicable. The total amount charged may vary over time due to price changes, taxes, and/or changes in shipping charges.
Bucked Up reserves the right to change the Subscription benefits, including the discount amounts and eligibility used to determine discount amounts, at any time in its sole discretion.
ELIGIBLE PURCHASES Subscriptions are limited to certain eligible Products, as indicated on the Bucked Up website and/or mobile application Product page. Subscriptions are only available for delivery in the contiguous U.S., excluding Alaska, Hawaii, Puerto Rico, and P.O. Boxes and APO/FPO addresses. Bucked Up may offer, from time to time, limited time promotions on Subscriptions (the “Subscription Promotions”).
Subscription Promotions are applicable to Products only where indicated on the Bucked Up website and/or mobile application Product page. Subscription Promotions apply only during the effective dates indicated. If you cancel your Subscription Promotion, you forfeit any rights thereto, including but not limited to any discounted pricing in connection with such Subscription Promotion.
PAYMENT, RENEWAL & CANCELLATION The total cost of each Subscription item shipped shall be charged to the payment method used to create your Subscription, or as otherwise indicated by you (the “Payment Method”). By enrolling in the Subscription, you give permission for Bucked Up to make charges to your Payment Method for the applicable Product at the intervals provided when your Subscription was created, or as later modified. If Bucked Up is unable to complete your Subscription payment with the Payment Method, you authorize Bucked Up to update the Payment Method with any other payment method saved to your account, if any. If Bucked Up is unable to complete your Subscription payment with any Payment Method, such Subscription shall be cancelled immediately.
The total cost charged to your Payment Method for each Subscription order will be the cost of the item on the day the order is processed less the Subscription discount, plus any applicable sales tax, shipping charges, and fees.
Your Subscription shall be automatically renewed and remain in effect until it is cancelled. You may cancel your Subscription at any time through your Bucked Up account.
CANCELLATION BY BUCKED UP Bucked Up may cancel any Subscription at its sole discretion, at any time, with or without notice. If Bucked Up cancels any Subscription after you have been charged, but before shipment, Bucked Up reserves the right, at its sole discretion and choice, to cancel the shipment and give you a refund of the amounts paid therefor, or ship the Product(s), subject to such cancellation.
OTHER LIMITATIONS You may not transfer, assign, or resell your Subscription or any benefits related thereto to any third-party.
Bucked Up reserves the right to skip any Subscription shipment for one or more Subscription periods for any reason, including but not limited to availability of the Subscription Product.
RETURNS AND REFUNDS All returns and refunds of any Subscription Product are subject to Bucked Up’s Return Policy, accessible at: https://www.buckedup.com/information/shipping-and-return-policy.
AGREEMENT CHANGES Bucked Up may, in its sole discretion, change these Terms without notice to you. If any provision or change to these Terms is found to be invalid, void, or unenforceable for any reason, such provision or change is severable and shall not affect the validity and enforceability of any remaining Terms. Your continued participation in the Subscription shall constitute your acceptance to all changes made to these Terms.
LIMITATION OF LIABILITY IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN BUCKED UP’S WEBSITE TERMS OF SERVICE, BUCKED UP OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, JOINT VENTURES, THIRD-PARTY SERVICE PROVIDERS OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO ANY SUBSCRIPTION. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF ONE SUBSCRIPTION ORDER. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR SUBSCRIPTION. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. This provision does not apply to New Jersey residents.
LEGAL DISPUTES; CLASS ACTION AND JURY TRIAL WAIVER IF YOU ARE A U.S. RESIDENT (EXCLUDING RESIDENTS OF NEW JERSEY), YOU ALSO AGREE TO THE FOLLOWING PROVISIONS:
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A TRIAL IN FRONT OF A JURY.
EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.
EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY).
GOVERNING LAW These Terms shall be governed by and construed in accordance with the laws of the State of Utah. By enrolling in the Subscription, you consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Salt Lake County, State of Utah.