BUMOCARE PROGRAM POLICIES
These policies are referenced in the Family Information Form that every member must complete electronically prior to starting any BumoCare program.
Bumo’s Intellectual Property
Member acknowledges and agrees that Bumo’s trademarks, trade name, services, and materials provided under the Program including, without limitation, all contents and materials, as well as any content and features contained on www.bumo.com, www.bumowork.com, www.bumobrain.com, www.bumotutor.com , and all Bumo Content as defined in the Bumo’s Terms of Service attached hereto, (collectively “Intellectual Property”), are proprietary rights of Bumo protected under federal and state law. Therefore, neither Member, nor anyone acting on Member’s behalf, or at Member’s direction, shall use Bumo’s Intellectual Property without Bumo’s prior written consent, which may be withheld by Bumo in its sole and absolute discretion.
Member agrees to indemnify and hold harmless Bumo, its and affiliates, successors and assigns, Bumo’s and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to Member’s alleged or actual breach of this Agreement, inclusive of the attached Forms. Bumo reserves the right to assume the exclusive defense of any claim for which it is entitled to indemnification under this section or under the terms and conditions set forth in the attached Forms. In such event, Member shall provide Bumo with such cooperation as is reasonably requested.
This Agreement shall be construed under the laws of the State of California. In any action brought under this Agreement, the prevailing party shall be entitled to recover its actual costs and attorney’s fees pursuant to California Civil Code Section 1717 and all other litigation costs, including expert witness fees, and all actual attorney’s fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. The provisions of the preceding sentence shall be severable from the provisions of this Agreement and shall survive the entry of any such judgment. The Parties submit to jurisdiction and venue in the State of California in any legal proceeding arising regarding this Agreement.
WAIVERS OF JURY TRIAL
BUMO AND CLIENT RESPECTIVELY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT EACH MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT OR ANY OF THE OTHER FORMS REFERRED TO IN THIS AGREEMENT.
CLIENT AGREES AND DECLARES THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF BUMO HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT IT WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER.
Any dispute, controversy, or claim arising out of or relating to this Agreement, including without limitation, claims based on contract, tort, or statute, shall be determined by arbitration administered by Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures. This includes the construction, application, or performance of any obligations and services under this Agreement; and the breach, termination, enforcement, interpretation, or validity, including the determination of the scope of applicability, of this Agreement to arbitrate. A single arbitrator shall be selected by agreement or shall be selected pursuant to the JAMS Rules in the absence of agreement.Bümo and Member shall each have the right of discovery in connection with any arbitration proceeding in accordance with California Code of Civil Procedure section 1283.05. The parties shall bear their own legal fees and costs and will share equally in the cost of JAMS. The sole and exclusive location for the arbitration shall be in Los Angeles County, in the State of California, and the law of the State of California shall apply.
Should any section, provision, or portion of this Agreement be held to be invalid, illegal, void, or unenforceable, then that section, provision, or portion shall be deleted from this Agreement. The Agreement’s remaining portions shall be read as though the invalid, illegal, void, or unenforceable section, provision, or portion was never included. The remainder of this Agreement shall continue in full force and effect.
Neither of the Parties nor any of their representatives has made any representation or warranty to the other upon which the other is relying in entering into this Agreement, except as expressly provided in this Agreement.
Entirety of Agreement
This Agreement, inclusive of the attached Forms, contains the Parties’ entire agreement concerning the subject matter and supersedes all existing agreements and all other oral, written, or other communication between the Parties concerning its subject matter.
The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be signed by all the Parties.
ILLNESS & MEDICATION
Bumo should be called if a child will be staying home due to illness. It is important that the team members are aware of illnesses that may be present among the children, and that they are notified if you suspect your child to have an infectious illness.
Email firstname.lastname@example.org immediately if you believe your child might have an infectious disease while in care of a Bumo Provider.
Reason parents should keep their child at home including (but are not limited to):
– A fever over 100.0. They may return if they maintain a normal temperature for 24- hours without fever-reducing medication.
– An unusual or unknown rash.
– Unusual or unknown open sores or lesions
– A contagious virus such as chickenpox.
– Pink eye; Conjunctivitis
– Head Lice
– A throat or ear infection
– Diarrhea or vomiting
– Persistent coughing
– You will be immediately notified if your child has a sign or symptom requiring exclusion from the center as described above. – – The child will be placed in a comfortable, supervised isolation area while awaiting pick-up from the center. Families are not refunded or prorated for any cancellation or early pick up due to illness.
Bumo requests that the families administer prescription medication to their child. Bumo does not administer any medication.
Medical or Dental Emergencies
In the event of a serious medical or dental emergency, parents will be contacted immediately. If the parents are unavailable, the authorized representative listed on the Emergency Information sheet will be contacted.
Minor accidents and injuries will be treated with basic first aid. Parents will be notified of the incident and treatment provided via the Incident/Accident Report on the ProCare app. In the unlikely event of a life-threatening emergency, 911 will be called prior to calling the parents.
Every adult who cares for children has a responsibility to mentor, correct, and socialize children toward appropriate behaviors. Positive guidance and discipline are crucial because they promote children’s self-control, teach children responsibility, and help children make thoughtful choices.
Bumo team members are responsible for teaching young children in their, care safe and appropriate child behavior. The more time Bumo team members invest in children now, the less time and effort adults will spend correcting children’s misbehavior later.
Effective guidance and discipline focus on the development of the child. Bumo team members will be mindful of the child’s self-esteem and dignity. Actions that insult or belittle the child are likely to cause children to view figures of authority negatively, which can inhibit learning and can teach the child to be unkind to others.
However, actions that acknowledge the child’s efforts and progress, no matter how slow or small, are likely to encourage healthy development. Teaching children self-discipline is a demanding task that requires patience, thoughtful attention, cooperation, and a good understanding of the child. The Bumo team will use only positive guidance techniques.
Child misbehavior is impossible to prevent completely. Children, naturally curious and endlessly creative, will engage in unexpected behaviors, at some point, with parents or caregivers. However, there are positive steps both parents and caregivers can take to help prevent misbehavior.
Set clear, consistent rules (e.g. walking feet, gentle touches).
Make certain the environment is safe and worry-free.
Show interest in the child’s activities (e.g. participating in activities with the children so they stay interested for longer periods).
Encourage self-control and independence by providing meaningful and attainable choices (e.g. “You may pick up the blocks or help put things away at the art center.”).
Focus on the desired behavior, rather than the one to be avoided (e.g. “Ashley, please use gentle touches with your friends.”).
Build children’s images of themselves as trustworthy, responsible, and cooperative.
– Give clear directions, one at a time.
– Say “Yes” whenever possible.
Praise specific desired behaviors often and with detail (e.g. “Joey you are playing so nicely! I like it when you keep the blocks on the table.”).
Encourage children often and generously.
Set a good example and model behaviors for children (e.g. using a softer/quieter voice to encourage children to use quieter voices).
Help children see how their actions affect others, positively as well as negatively. (“Look, you made Sarah smile when you shared the book with her.” or “It looks like Dylan is sad because you grabbed the truck out of his hand.”).
Child Discipline Guidelines and Rules
– The following discipline techniques are prohibited in the child care facility:
– The use of corporal punishment, including but not limited to:
– Hitting, spanking, slapping, twisting, pulling, squeezing, or biting.
Demanding excessive physical exercise, excessive rest, or strenuous or bizarre postures (also known as “stress positions”).
Compelling a child to eat or have in his/her mouth soap, food, spices, or foreign substances.
Exposing a child to temperature extremes.
Rough or harsh handling of children, including but not limited to:
– Lifting or jerking by one or both arms.
– Pushing, shaking, or throwing.
– Forcing or restricting movement.
– Lifting or moving by grasping clothing.
– Covering a child’s head.
Isolating a child in an adjacent room, hallway, closet, darkened area, play area, or any other area where the child cannot be seen or supervised.
– Binding, tying, restricting movement, or taping the mouth.
– Using or withholding food or beverages as a punishment.
– Toilet learning/training methods that punish, demean, or humiliate a child.
Any form of emotional abuse, including the rejecting, terrorizing, extended ignoring, isolating, or corrupting of a child.
Any abuse or maltreatment of a child.
Abusive, profane, or sarcastic language or verbal abuse, threats, or derogatory remarks in front of the child or about the child or child’s family.
Placing a child in a crib/portable crib for a time-out or for disciplinary reasons.
Active play, both indoor and outdoor, must not be completely withheld from children who misbehave.
For example, a child being left in the front office the entire time the rest of the children go outside to play would be UNACCEPTABLE AND CRUEL.
Instead of isolation or deprivation, Self-Reflection Time is used for children so they can be removed from a situation and reflect on their choices and behavior.
Below are strategies Bumo team members can use to respond to a child’s misbehavior. Remember, however, that it’s always a good idea to check if rules are explained fully and that children clearly understand those rules before misbehavior occurs. Whenever possible, involve children in making the rules for the classroom; it helps give them a sense of ownership and accountability.
This strategy should be used most frequently when working with young children. If a child is not following the rules or being uncooperative, quickly get the child’s attention and introduce another activity. For example, “Reagan, please help me water the plants now. You’ve been riding the bike for a long time, and it’s now Wyatt’s turn.” Redirection may also be utilized with visual or auditory prompts such as a timer or turn-taking chart. For example “Reagan, the timer went off now it’s Charlie’s turn on the bike.” or “See Charlie, your picture is after Reagan’s so your turn is next.
These are structured consequences that follow specific misbehaviors resulting in the child being able to see how the behavior and consequence are directly related. For example, if a child is standing on their chair, a team member should remind the child that standing on a chair may result in falling and sustaining an injury, which will mean they cannot engage in play activities. Always try to follow-up with a time they can engage in certain behaviors; “Joey you will be able to climb when we are on the playground.”
Participate in the Solution
If a child damages something, they need to help fix it or clean up. If a child causes someone distress, they should help in relieving that. For example, “It made Barett very sad when you told him he wasn’t your friend anymore. How do you think we can help him feel better?” or if a child purposely knocks down another’s tower, they should assist that child in rebuilding it.
Children learn to link their actions with consequences when they’re allowed to experience the natural results of their behavior. Natural consequences also creates healthy problem-solving skills. If a child went outside without a jacket yesterday and he felt cold, today he’ll be more likely to think about what he can do to prevent that from happening again, or if a child chooses to throw the ball over the fence the consequence is they can no longer continue the ball game.
Bumo does not exercise the “Time Out” strategy. However, in some instances, a child may need to be removed from a particular situation in which they have become overwhelmed or aggressive. The child will be directed to “take a break” or sit in a “calm-down chair” to self-reflect for 3-5 minutes. This strategy gives the child a chance to regain control and reflect quietly on their behavior away from others. Once the child has calmed down, a team member will talk with the child about the actions that led up to the need for a break. For example, “Chad, we have talked about how hitting is not okay because it hurts others. Because you chose to hit Eduardo, you will need to leave the block center, sit in a chair and think about your behavior.” The child is not to SIT ALONE. The child will be engaged by a Bumo Educare Professional who will ask the child questions and guide them in the understanding of their actions. The team member must NOT emphasize the child’s negative behaviors, but instead, encourage them to think about more positive responses they could have exhibited. Framing Self-Reflection Time in this way will help children learn about their own behaviors without feeling like they are being ridiculed or put down.
IF MISBEHAVIOR PERSISTS
Change of Scenery
Children cannot always be removed from the classroom as we may not have extra team members available to maintain ratios. In rare instances, children may be brought to the Director and/or Assistant Director who will assist the child in calming down and/or help team members manage the classroom. Team members must call the office and speak to the Director and/or Assistant Director before removing a child from the classroom.
If these actions do not help in reducing or changing behavior, Educare professionals will observe the following procedures:
Team members will report the child’s behavior and what strategies have been attempted to the Director and/or Assistant Director(s).
The Director and/or Assistant Director will observe the child and meet with the Lead Team Member to develop a Behavior Management Plan.
The Behavior Management Plan will be discussed with the parent and then put into practice.
The Director and/or Assistant Director, Lead Teacher, Assistant Teachers, and parents will periodically evaluate the Behavior Management Plan. If needed, adjustments will be made.
** If a child’s behavior becomes threatening to themselves, other children, team members, or teachers, the child will be removed from the classroom and possibly the program for a period of time.
Everyone entering the Bumo location will need to have a wellness test before admitted to the center. Anyone with a temperature over 100.4 or any apparent signs of the COVID-19 virus (including coughing or lethargy) will not be able to enter the premises to ensure the safety of others.
All staff will be asked to wash or sanitize their hands. Teachers will assist their children in washing their hands prior to joining their classrooms.
Masks + Gloves
Mask policy is dependent on location as each location has its own masking guidelines and might adhere to different city or county guidelines. Staff will wear gloves for food handling & diaper changing.
Cleaning + Disinfecting
All high touch surfaces will be disinfected after each use or every 2 hrs, whichever comes first. All items mouthed will be placed in a bin and sanitized before returning to the rotation.
Strict handwashing guidelines will be followed by all staff and children.
Children will be taught proper nose-wiping, coughing, and sneezing etiquette.
ALL children’s personal items will be separate and out of contact with other items
Daily class toothbrushing routines will be discontinued until further notice
Children will not share food with others. All surfaces will be sanitized before and after meals.
Cancellation Policy (Updated 12/01/2022)
We have a 72-hour cancellation policy; that is, you must cancel 72 hours or more before the start time of any session. Rescheduling a session counts as a cancellation. If you cancel within 72 hours of your booked session’s start time or no show, you are not eligible for CareCredit. Any sessions scheduled on December 5, 2022 forward is no longer eligible for a refund in any form even when canceled 72 hours or before the start time of a session as an “early cancel.” Any “early cancel” will only be eligible for CareCredit. “Late cancels” within 72 hours of the start time of a session will not be eligible for any CareCredit or refund in any form.
By opting in to receive SMS notifications from Parc Ventures Inc. (“Bumo”), you agree to the following terms and conditions:
Consent to Receive SMS: By providing your mobile phone number and/or opting in to receive SMS notifications, you consent to receiving electronic communications from Parc Ventures Inc. (“Bumo”). These communications may include booking confirmations, reservation updates, account notifications, promotional offers, and other important information related to your Bumo account.
Notification Methods: Bumo may send SMS notifications to the mobile phone number you provide during the registration process or subsequently update in your account settings. Notifications may also be sent through other electronic communication methods, including email, Bumo Platform notifications, messaging services (including SMS and WeChat), or any other contact method enabled by Bumo.
Message Frequency: The frequency of SMS notifications you receive from Bumo may vary. Message and data rates may apply, depending on your mobile carrier and plan. You are solely responsible for any charges incurred from receiving SMS notifications.
Opting Out: If you wish to stop receiving SMS notifications from Bumo, you can opt out by following the instructions provided in the SMS message or by adjusting your notification preferences in your Bumo account settings. Please note that opting out may impact your ability to receive important account and booking-related information.
Changes to Terms: Bumo reserves the right to modify or update these SMS terms and conditions at any time. Changes will be effective upon posting the updated terms on the Bumo website or notifying you through other means. Your continued use of Bumo’s services after such changes constitutes your acceptance of the updated terms.
Contact Information: If you have questions or concerns about these SMS terms and conditions, you can contact Bumo’s Customer Support.
By opting in to receive SMS notifications from Parc Ventures Inc. (“Bumo”), you acknowledge that you have read, understood, and agreed to these terms and conditions.
BumoCare CareCredit Terms & Conditions
Effective November 4, 2022
This BumoCare Care Credit Agreement (“Agreement”) is between you and Parc Ventures Inc. (“Bumo,” “we,” or “us”) and describes the terms and conditions that apply to your CareCredit. By buying, loading, or using your CareCredit, you agree to these terms.
This Agreement includes an Arbitration provision that governs any disputes between you and us. This provision will:
Eliminate your right to a trial by jury; and Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to your CareCredit by electronic means.
About Your Account
We issue the CareCredit to you. It allows you to load a dollar value onto your CareCredit Balance for use at participating BumoCare locations (“locations”). The dollar value that you load onto your CareCredit is a prepayment for the goods and services of participating locations. We offer CareCredit to make it easier for you to book child care with us and to make your relationship with us more rewarding. Unless otherwise required by law or permitted by this Agreement, the dollar value on your CareCredit is nonrefundable and may not be redeemed for cash. The value on your CareCredi is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.
Most BumoCare locations in North America accept your CareCredit. Certain BumoCare locations locations may not permit you to use the CareCredit for payment. To find out if a store will accept CareCredit as a payment method, please email email@example.com.
CareCredit is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use CareCredit under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
Loading Value on Your Card
You may load your card online through your account.
You may load your CareCredit in the following increments:
If you use a credit or debit card to purchase or reload your CareCredit, prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase or reload transaction (“Transaction”). The authorization process will validate the credit or debit card number, status, available credit or funds and billing information to ensure that it matches what the bank or card company has on file. Your bank or Bumo may attempt to contact you for additional information prior to authorizing the Transaction amount.
For credit cards, once an authorization is received, you may notice a decrease in your available credit line. Your bank may hold this dollar amount from your credit line or available balance for a short period of time determined by the policy of your bank before your Transaction is fulfilled. For debit cards, your bank may pre-authorize a charge to your deposit or checking account and place a temporary hold on the funds before your Transaction is fulfilled. Regardless of whether you use a credit or debit card, your card will be charged only upon fulfillment of your Transaction. If your Transaction is cancelled, Bumo will request an authorization reversal on your behalf. Reversal times may vary. We recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.
Although a feature not available yet, you will soon be able to auto-reload your CareCredit Card through your profile. With automatic reload, you simply set the reload date or the balance at which you want to reload your CareCredit and provide us with payment information. We will send you an email confirming the automatic reload Transaction terms and bill your credit card or debit card according to the schedule and amount you have selected. We will also send you an email after each reload to let you know your CareCredit has been reloaded. You can change your reload preferences at any time, but changes may take up to twenty-four (24) hours to go into effect.
Once the dollar value is loaded, the Transaction cannot be reversed.
BumoCare eGift Card
The BumoCare Gift Card program allows you to purchase and send a virtual BumoCare Gift Card via email, or via certain social media and messaging platforms. You may choose the design and dollar value (within certain limits) and complete your purchase using a credit card, debit card, or certain other electronic payment methods. You may choose when to have your BumoCare Gift Card delivered the same day, provided that your form of payment is approved. You authorize us to charge your credit card, debit card or other chosen electronic payment method at the time you purchase your BumoCare Gift Card regardless of the date you choose for delivery.
On the requested delivery date, we will send the recipient of your BumoCare Gift Card an email notifying them that they have received an BumoCare Gift Card from you. The recipient will have the option of adding the BumoCare Gift Card to their BumoCare account or transferring the balance onto an existing BumoCare CareCredit balance.
From time to time, we may in our sole discretion, run promotional programs associated with the Bumo CareCredit program (“Promotions”). Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the Promotions. We reserve the right to modify the terms and conditions of any Promotion at any time, including and up to terminating the Promotion.
Fees and Expiration of Card Balances
We do not charge any activation, service, dormancy or inactivity fees in connection with your CareCredit. Your CareCredit has no expiration date nor does the value on your CareCredit ever expire.
Receipts and Transaction History
When you use your CareCredit, we will provide a receipt if you request one. The receipt will indicate that the purchase was made using a CareCredit and will provide the remaining balance of your CareCredit. Please check your online Transaction history regularly to ensure that your Transaction history and account balance are correct. You can check the balance of your CareCredit on your profiel page. The account balance for a CareCredit also will appear when you check out online upon booking a child care session.
Billing Errors, Corrections
We will correct the balance of your CareCredit if we believe that a clerical, billing, or accounting error occurred. If you have questions regarding your Transaction history or any correction, or if you wish to dispute any Transaction or correction that has been applied to your CareCredit, please email firstname.lastname@example.org. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the Transaction in question.
Fraud Associated with Your CareCredit
We will not accept any CareCredit, or will limit use of any CareCredit or CareCredit balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. Bumo does not control who may purchase CareCredit. Consequently, Bumo has no liability to you for any third-party fraud or unlawful activity associated with any CareCredit balance. If Bumo discovers any CareCredit balance was sourced or derived from fraud or other unlawful means, we may in our sole discretion, cancel all impacted child care sessions and balances. We may use retained CareCredit balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load CareCredit.
Registration, Liability for Unauthorized Transactions
You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your CareCredit information. All of your CareCredit can be activated and registered for use in your Bumo account, but you may only maintain one (1) such account at any time.
You should treat your CareCredit like cash and not disclose your CareCredit information to anyone. If your CareCredit information is lost or stolen, anyone who obtains possession of either may use your Card. You are responsible for all transactions on your CareCredit, including unauthorized transactions.
If you CareCredit and account information has been compromised, notify us immediately. We will freeze the remaining balance on your CareCredit at the time you notify us and will load that remaining balance on a new account.
Changes to This Agreement
We may amend this Agreement at any time. We will post the amended Agreement to our website, and for a period of thirty (30) days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition, or deletion will apply to your future and existing CareCredit. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use any of your CareCredit after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your CareCredit and refund any remaining balance to you.
Cancellation of This Agreement
We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the CareCredit including your failure to provide valid information. For example, transferring balances between different CareCredit solely for the purpose of obtaining cash back is an unauthorized use of the CareCredit and if we deem it appropriate to limit our losses we will cancel any such CareCredit and retain any balances associated with those CareCredit. If we terminate this Agreement without cause, we will refund or issue CareCredit equal to the balance on your cancelled CareCredit, less any amounts that you may owe us.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.
Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Bumo CareCredit Agreement, your CareCredit and your relationship with us. Any dispute or claim arising out of or relating to this Agreement or use of the CareCredit and your relationship with Bumo or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
Arbitration Procedures. For all disputes, please view our standard Terms and Conditions.
Disclaimers and Limits of Liability
Bumo and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Bumo CareCredit, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Bumo does not represent or warrant that your BumoCare Credit will always be accessible or accepted.
In the event that Bumo or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your CareCredit. Bumo and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Bumo or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a CareCredit through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.
The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent and any attempted assignment will be void.
Entire Agreement, Construction
This Agreement is the complete and exclusive statement of agreement between you and Bumo, and supersedes and merges all prior proposals and all other agreements governing your CareCredit.
Inquiries or Questions
If you have any questions regarding this Agreement or your CareCredit, email email@example.com.
Bumo Care reserves the right to change the pricing of its services for Verified Providers at any given moment without prior notice. These changes may include, but are not limited to, adjustments in subscription fees, service charges, or any other costs associated with sessions. Such changes may be driven by various factors, including market conditions, operational costs, or strategic considerations. The decision to modify pricing is at the sole discretion of Bumo Care and the Verified Provider.