Terms of Sale

Last Updated: June 26, 2025

Please read these Terms of Sale (the “Terms”) carefully before submitting any orders for purchase. THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU, including a BINDING ARBITRATION AGREEMENT and CLASS ACTION & JURY TRIAL WAIVER CLAUSE. Except for certain types of disputes described in the Arbitration section below or if prohibited by applicable law, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

  1. Scope and Application.

    1. These Terms are between you and Bullymake (“company,” “we,” “us,” or “our”). For purposes of these Terms, “you” or “your” means the person accessing the Site and purchasing products. THESE TERMS APPLY TO ALL OFFERS, SALES, AND PURCHASES OF ALL PRODUCTS (“PRODUCTS”) THROUGH THE ONLINE ORDER PLATFORM AVAILABLE ON THIS WEBSITE AND ALL OTHER WEBSITES, MOBILE SITES, AND MOBILE APPLICATIONS WHERE THESE TERMS APPEAR OR ARE LINKED (COLLECTIVELY, THE “SITE”). BY ORDERING ANY PRODUCTS THROUGH THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST NOT COMPLETE YOUR ORDER.

    2. These Terms include and incorporate by reference the Terms and Conditions governing the Site as well as additional terms included on the Site(s) (the “Additional Terms”). In the event that there is a conflict between these Terms and the Site’s Terms and Conditions, these Terms will supplement or amend the Terms and Conditions, but only with respect to the matters governed by these Terms.

    3. We may update or change these Terms at any time without prior notice in our sole discretion. The latest version of the Terms will be posted on the Site.

  2. Order Placement and Acceptance

    1. When you place an order to reserve, purchase, and/or pay for any Products through the Site, you agree that your order constitutes an offer to purchase the Products listed in your order. Availability of Products is not guaranteed and may be limited or out of stock. If any Product is unavailable at the time your order is processed, we will notify you via email.

    2. We reserve the right to refuse or cancel any order at our sole discretion, including in cases of pricing errors or limitations on quantities available for purchase. We may impose limits on the number of Products purchased per person, household, or transaction, including but not limited to orders placed under the same customer account, credit card, billing address, or shipping address.

    3. In the event of any changes to or cancellation of your order, we will attempt to notify you using the email address, billing address, or phone number provided at the time of purchase. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

    4. Once your order is placed, you will receive an email confirmation (the “Order Confirmation”) acknowledging receipt of your order. Please note that this Order Confirmation is automatically generated and does not constitute acceptance of your order. Your order will only be accepted once payment authorization is received and the order is processed, at which point you will receive a separate email confirming that your order has been accepted and is being processed (the “Order Acceptance”).

    5. ALL ACCEPTED ORDERS ARE FINAL, NON-CANCELLABLE, AND NON-REFUNDABLE, EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS.

  3. Bullymake's Promise

    1. If you are not satisfied with a toy purchased from Bullymake or an authorized retailer, you may request a replacement by submitting a photo of the toy to our Customer Care Team at customercare@bullymake.com.

    2. If it is one of our toys, purchased from one of our authorized retailers, then we will ship you a different toy for free. This guarantee is not available for products purchased from an unauthorized seller, including through unauthorized internet sites. This guarantee is limited to original, end-user purchasers in the United States and the claim must be made within forty-five (45) days from the date of receipt of your purchase.

    3. We reserve the right to request the packaging and remaining portion of the toy subject to the claim, depending on the issues cited. We may require you to mail the unused portion of the toy back. We reserve the right to verify or request additional information, require a valid proof of purchase, and to deny guarantee requests in our discretion in cases of suspected fraud or where we conclude that the purchase has abused the guarantee. Please do not mail toys to us without a return request and please note that you may be responsible for the mailing costs. We may amend or terminate this guarantee at any time without notice.

  4. Subscription Terms

    1. Subscription Acceptance and Cancellation You agree that your subscription is an offer to buy, under these Terms, all Products listed in your subscription. All subscriptions must be accepted by us or we will not be obligated to sell the Products. We may choose not to accept subscriptions at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

    2. Cancellation You may cancel your subscription plan at any time; however, cancellations made before the end of your initial plan commitment will be subject to a one-time, early cancellation fee. For example, if you purchase a 3-month plan and cancel before receiving your third (3rd) shipment, you will be charged a one-time, early cancellation fee calculated based on the rate of your initial plan. Once your initial plan commitment has been fulfilled and your subscription enters an auto-renewal period, you may cancel at any time without incurring an early cancellation fee. In such cases, cancellations will take effect at the end of your current billing cycle.

    3. In the event of any changes to or cancellation of your order, we will attempt to notify you using the email address, billing address, or phone number provided at the time of purchase. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

    4. Automatic Renewals Subscriptions renew automatically unless cancelled during the term of the subscription before the renewal date. Your subscription purchase is final immediately upon purchase and remains final throughout the entire subscription term. For example, if you purchase a 3-month subscription on July 15, 2020, that subscription term is from July 15, 2020 to October 15, 2020. The subscription automatically renews on October 15, 2020. In this example, to cancel your subscription before the automatic renewal date, the cancellation must be received by us on October 14, 2020, or before. Otherwise, the subscription automatically renews, the sale is final, and the cancellation request will be applied to the following subscription term so the subscription will be cancelled on January 14, 2021. You must also cancel your subscription before its renewal date. We will not issue monetary refunds for any unshipped boxes in the middle of your current subscription. We are unable to refund your subscription after renewal has taken place, as your order will already be processed and ready for shipment.

    5. Subscription Fees All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a subscription will be the price in effect at the time the subscription is placed and will be set out in your subscription confirmation email. Price increases will only apply to subscriptions placed after such changes. Posted prices do not include taxes or shipping charges. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your subscription confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

    6. Contact Us Contact our customer support team to see if your plan is eligible for modification or any specific guidance on your plan at customercare@bullymake.com or with our live chat on our Site.

  5. Prices and Payment Terms

    1. Prices on the Site are subject to change without notice but will only apply to orders placed after such changes. Prices for Products purchased are those in effect when an order is received and will be set out in the order acknowledgment sent to you at the time of purchase. Prices are quoted and will be paid in U.S. dollars. Unless otherwise indicated on the Site, prices exclude taxes (if applicable), which are additional and will be itemized in the Order Confirmation.

    2. While every effort is made to ensure the accurate display of Products on the Site, the depiction may depend on the viewers monitor or mobile device and may not be accurate. Additionally, the material on the Site may be changed, updated and/or deleted without notice and are subject to correction for technical, clerical or typographical inaccuracies or errors. We do not guarantee the accuracy or completeness of any information contained on the Site, including pricing, product images, specifications, or availability and we will not be responsible for any such inaccuracies or errors. We reserve the right to correct any errors, omissions, or inaccuracies, and to change or update information at any time without prior notice (including after you have submitted an order). Orders placed through the Site may be declined or cancelled for any lawful reason, including without limitation, due to the foregoing issues or if a Product is unavailable or out of stock.

    3. We may offer from time to time promotions (such as coupons or discounts) on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

    4. Payment or pre-authorization of funds by credit card or other payment methods accepted by the Site is required before an order will be confirmed and accepted. BY SUBMITTING SUCH INFORMATION YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION AND YOU GRANT US THE RIGHT TO PROVIDE SUCH INFORMATION TO THIRD PARTIES FOR PURPOSES OF FACILITATING THE TRANSACTIONS INITIATED BY YOU OR ON YOUR BEHALF. DEPENDING ON THE PAYMENT METHOD YOUR PAYMENT MAY BE PROCESSED AND YOUR INFORMATION STORED BY A THIRD PARTY. YOU EXPRESSLY RELEASE US FROM ANY CAUSE OF ACTION ARISING FROM THE PROCESSING OF YOUR PAYMENT OR STORING OF YOUR INFORMATION BY A THIRD PARTY. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you make to the payment method specified at the time. You shall remain responsible for any taxes that may be applicable to such transactions. You authorize us, or a third party payment processor, to charge all applicable amounts for the orders that you make to the payment method specified at the time of purchase.

    5. We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. We also reserve the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, reselling shall be defined as purchasing or intending to purchase any Product(s) from us for the purpose of engaging in a commercial sale of that same Product(s) with a third party.

  6. Shipping

    1. We will arrange for shipment of the Products to you by a third-party carrier. Title and risk of loss pass to you upon our delivery of the Products to the carrier. Loss or damage to materials in transit is the responsibility of the carrier.

    2. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

    3. We reserve the right to make partial shipments from time to time.

    4. You will inspect the Products upon delivery to you which shall be accepted by you at the delivery point. You shall be deemed to have accepted the Products if you fail to provide written notice detailing any claims for shortages, Product defect, or nonconformance within five (5) days after delivery.

    5. Unless otherwise specifically noted, the amount of any sales tax, use tax, occupancy tax, manufacturers’ tax, excise tax, value added tax, custom, duty, or other tax, fee, or charge of any nature imposed by any governmental authority on or measured by the transaction between us and you will be paid by you in addition to the prices quoted or invoiced.

  7. Goods Not for Resale or Export

    1. You represent and warrant that you are buying Products from the Site for your own personal or household use only, and not for resale or export. By purchasing any Products, you agree that you will not use any Products, or provide Products to any person, who is forbidden from receiving the Product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury, U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Company from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.

  8. Force Majeure

    1. The Site offers Products for purchase by you. In no event shall we be responsible or liable for any restrictions or limitations to the order placed hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, pandemics, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

  9. Indemnity

    1. You shall indemnify, defend, and hold us harmless from and against losses, claims, and damages that arise from or relate to your use or misuse of, or access to, the Products, violation of these Terms, or infringement by you (or any third-party using your subscription or identity in the Services) of any intellectual property or other right of any person or entity. FURTHER, YOU WILL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIMS BY THIRD PARTIES ARISING FROM INJURY, PROPERTY DAMAGES, ECONOMIC LOSS, OR OTHER CLAIMS, THAT ARISE AS A RESULT OF YOUR USE OR MODIFICATION OF THE PRODUCTS. THIS INDEMNITY APPLIES EVEN IF YOU OR A THIRD PARTY ALLEGES THAT WE WERE NEGLIGENT OR GROSSLY NEGLIGENT.

  10. Disclaimer of Warranty

    1. TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE PRODUCTS OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SITE(S) MAY CONTAIN LINKS TO OTHER THIRD-PARTY WEBSITES. ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. THIRD-PARTY WEBSITES ARE MAINTAINED BY PERSONS OR ORGANIZATIONS OVER WHICH WE EXERCISE NO CONTROL.

    2. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR THE CONTENT OR RESULTS FROM YOUR USE OF SUCH THIRD-PARTY WEBSITES. THIS INCLUDES ANY LISTING OF ANY THIRD-PARTY GOODS OR SERVICEs INCLUDED ON THE SITE.

    3. TO THE FULLEST EXTENT PROVIDED BY LAW, we DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

  11. Limitation of Liability

    1. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE oR PRODUCTS OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, TOTAL LIABILITY FOR ANY CLAIMS MADE RELATING TO OR ARISING AS A RESULT OF ANY PRODUCTS SUPPLIED OR SERVICES PERFORMED, WHETHER ASSERTED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL DOLLAR AMOUNTS PAID BY YOU FOR THE PRODUCTS OR SERVICES ORDERED THROUGH OUR SITE. IN NO EVENT WILL we BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF we were EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  12. MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER

    1. Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below. In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Site, the Services, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. Claims also include, except as otherwise provided herein, disputes related to the coverage, applicability, arbitrability, enforceability, formation, scope, or validity of these Terms, including this Arbitration provision, all of which shall be subject to the sole power of the arbitrator as described herein. Notwithstanding anything else herein, the enforceability of the Class Action Waiver shall be determined by a court. In addition, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.

      THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

      You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (a) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (b) the applicable statutes of limitations; and (c) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

      If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (i) making written demand for arbitration upon the other party, (ii) initiating arbitration against the other party, or (iii) filing a motion to compel arbitration in court.

      If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

      If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

      Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar Claims (including yours) are asserted against us by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply. You agree to this process even though resolution of your Claim may be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Claims, streamline procedures, address the exchange of information, modify the number of Claims to be adjudicated, and conserve the parties’ and AAA’s resources. If your Claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Claim from the time that your Claim is first submitted to AAA until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

      Stage One: In Stage One, if at least fifty (50) Claims are submitted as part of the Mass Arbitration, claimants’ counsel and Company will each select an equal number of Claims to be filed in arbitration and resolved individually by different arbitrators. For example, claimant and Company will each select 25 Claims (50 Claims total). The number of Claims to be selected to proceed in Stage One can be modified by agreement of counsel for the parties provided that, if there are fewer than 50 Claims, all shall proceed individually in Stage One. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of the first stage. After this initial set of proceedings, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee.

      Stage Two: If the parties cannot agree how to resolve the remaining Claims (if any) after mediation, claimants’ counsel and Company will each select an equal number of Claims per side—not to exceed 50 Claims total—to be filed and to proceed as cases in individual arbitrations as part of Stage Two. The number of Claims to be selected to proceed as part of Stage Two can be modified by agreement of counsel for the parties provided that if there are fewer than 50 Claims remaining, all shall proceed individually in Stage Two. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of the second stage. After Stage Two is completed, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee.

      Upon the completion of the mediation in Stage Two, each remaining Claim (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Claims in individual arbitrations consistent with the process set forth in Stage Two (except Claims shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Procedures for Mass Arbitration and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Procedures for Mass Arbitration apply to your Claim and are not enforceable, then your Claim shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms.

      Notwithstanding anything to the contrary in these Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Terms) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these Terms to which you agreed will continue to apply to you and us as if no amendments were made.

      If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Site, the Services, and any other actions with us.

      You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at customercare@bullymake.com and including in the subject line “Rejection of Arbitration Provision.”

  13. Governing Law and Jurisdiction

    1. This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas. The parties agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

  14. Questions

    1. If you have questions or comments about these Terms, this Site, or any Product, please contact us by email at customercare@bullymake.com