Online Sales Terms

Effective Date: March 27, 2020

Last Modified: May 1, 2024

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS (“PRODUCTS”) OR SERVICES (“SERVICES”, TOGETHER WITH THE PRODUCTS, COLLECTIVELY “PRODUCTS/SERVICES”) FROM THE SITE, YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OLD AND YOU MAY NOT ORDER OR OBTAIN PRODUCTS/SERVICES FROM THE SITE IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH Babylon Bee, OR (C) ARE OTHERWISE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE’S CONTENTS, PRODUCTS/SERVICES BY APPLICABLE LAW.

These terms and conditions for online sales (these “Terms and Conditions”) apply to the purchase and sale of Products/Services including premium access subscriptions through https://babylonbee.com including any of our Social Media Pages as defined therein (the “Site”). These Terms and Conditions are subject to change by Babylon Bee, LLC (referred to as “Babylon Bee”, the “Company”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms and Conditions will be in effect as of the “Effective Date” referenced above. You should review these Terms and Conditions prior to purchasing any Products/Services that are available through this Site. Your continued use of this Site after a posted change will constitute your acceptance of and agreement to such changes.

These Terms and Conditions are an integral part of the Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy including the Privacy Notice for California Residents before placing an order for Products/Services through the Site (see the below).

Subscription Access Terms

Many features of Babylon Bee are available without a paid subscription; however, premium access requires you to subscribe. When you purchase a subscription, you agree to pay the applicable subscription fee, as well as any applicable taxes and renewal fees as described more fully below. If we are unable to charge your credit card or other payment method, your subscription will automatically terminate.

We may increase the price of Babylon Bee subscriptions at any time.

If you subscribe to Babylon Bee, you agree to keep your contact information (i.e., address, email address, phone number) and payment information up-to-date at all times.

Subscriptions

Monthly and annual subscriptions to the Site are currently available in two membership subscriptions (basic membership and premium subscription (which may include a single site premium subscription or premium bundle subscription)). Premium subscriptions provide you with access to exclusive, members-only content and benefits, including, but not limited to, an ad-free experience and access to our full-length podcast. The benefits made available to you vary, depending on which tier you select. As a subscriber, you may still receive notices of internal promotions, recommended content and bulletins that enhance the user experience. We do not make any guarantees as to the posting or availability of any content. Monthly subscriptions will automatically renew every month around the same day of the month as the initial purchase date, and annual subscriptions will automatically renew around the same date each year. You must cancel your subscription before the renewal date to prevent the next charge to your credit card or other payment method. We may also choose, in our sole discretion, not to renew your subscription for any reason.

You may cancel your subscription at any time by following the cancellation process below. All charges for the monthly or annual subscription are non-refundable. If you cancel your subscription, you will not receive any refund of amounts previously paid, and your members-only access will continue until the end of the current subscription period.

Cancellation of Subscription

You may cancel your subscription at any time by logging into your account and clicking the “cancel subscription” option on your dashboard. You may also request cancellation via email to: [email protected].

One-Time Contributions

As an alternative to subscribing with a recurring fee, readers may support Babylon Bee with a one-time contribution. One-time contributors do not receive the benefits associated with subscription membership. One-time contributions are not tax-deductible.

Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms and Conditions, all Products/Services listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products/Services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by contacting our Customer Service Department at [email protected].

Price and Payment Terms

All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a Product/Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors, inaccuracies, or omissions in any offer by us and we reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer from time-to-time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms and Conditions. If there is a conflict between the terms for a promotion and these Terms and Conditions, the promotion terms will govern.

Terms of payment are within our sole discretion, and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card or other online payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or payment option for the purchase, (iii) charges incurred by you will be honored by your credit card company or other payment processor, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment of the Products/Services to you. Specific delivery options are provided on the individual Product/Service checkout page. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

Title and risk of loss pass to you upon our transfer of the Products to the carrier. Please note that shipping and delivery estimates are calculated after order fulfillment, and do not include the time it takes to print and prepare your order for shipping.

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

Returns and Refunds

WE OFFER NO REFUNDS OR RETURNS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS FINAL SALE OR NON-RETURNABLE.

Because we print most of our products on demand once you place an order, unless otherwise noted on the applicable product page, all products offered on the Site are final sale and non-returnable.

We may offer returns on certain Products, in our sole discretion, subject to these Terms and Conditions and any terms and conditions indicated on the applicable individual Product page. If a Product is indicated as returnable, we will accept a return for a replacement or refund of your purchase price, less the original shipping and handling costs, provided such return is initiated promptly after delivery with valid proof of purchase and provided such Product is returned in its original condition. To return a Product, you must email our returns department at [email protected] to obtain return merchandise authorization (“RMA”) number before shipping your Product. No returns of any type will be accepted without a RMA number.

If you receive a defective Product purchased on our Site, you must contact us immediately upon receipt of the defective Product by emailing us at [email protected] to obtain a RMA number as provided above for a replacement or a refund.

You are responsible for all shipping and handling charges on returned items, unless otherwise specified. You bear the risk of loss during shipment.

Manufacturer’s Warranty and Disclaimers

We do not manufacture or control any of the Products offered on our Site. The availability of Products/Services through our Site does not indicate an affiliation with or endorsement of any Product, Service, or manufacturer. Accordingly, we do not provide any warranties with respect to the Products/Services offered on our Site.

ALL PRODUCTS/SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS OR STATES LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS AND CONDITIONS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS/SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall only apply to the extent permitted by law.

Products/Services Not for Resale or Export

You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying Products/Services from the Site for your own personal or household use only, and not for resale or export outside of the United States. Products/Services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations").

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy, https://babylonbee.com/privacy, governs the processing of all personal data collected from you in connection with your purchase of Products/Services through the Site.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in our performance under these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, hurricane, tornado, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, quarantine, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

Governing Law and Jurisdiction

The Site is operated from the United States. All matters arising out of or relating to these Terms and Conditions, our Terms of Use, our Privacy Policy including our Privacy Notice for California Residents and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), whether addressed in arbitration or, if excluded from arbitration as set forth below, in a state or federal court, shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.

Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

With respect to any disputes under these Terms and Conditions, you should reach out to us directly to try to resolve a complaint or claim before initiating the formal dispute process. You can reach the Company at [email protected]. Except for intellectual property and small claims court claims, you and the Company agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation with each other, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THE SITE, THESE TERMS AND CONDITIONS, OUR TERMS OF USE, OUR PRIVACY POLICY, OR ANY OTHER POLICIES OR AGREEMENTS SPECIFIED HEREIN OR THEREIN, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. NOTWITHSTANDING THE FOREGOING, THE PARTIES HEREBY AGREE AND ACKNOWLEDGE THAT ANY ACTION BY THE COMPANY OR ANY OF ITS AFFILIATES OR SUBSIDIARIES FOR: (I) TRADE SECRET MISAPPROPRIATION; (II) PATENT INFRINGEMENT; (III) COPYRIGHT INFRINGEMENT OR MISUSE; OR (IV) TRADEMARK INFRINGEMENT OR DILUTION, SHALL NOT BE SUBJECT TO ARBITRATION UNDER THIS SECTION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section. (The AAA Rules are available at www.adr.org/consumer or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration shall be governed by Florida law and shall occur at a venue exclusively in Palm Beach County, Florida to be agreed upon in writing by the parties hereto. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM.

To the fullest extent permitted by law, the arbitrator shall not have the power to award indirect, punitive, special, or consequential damages against any party. Arbitration costs and fees shall be determined in accordance with the AAA Rules and applicable law. Each party shall be responsible for paying its own attorneys’ fees, costs, and expenses, regardless of which party prevails, but a party may recover any or all of its attorneys’ fees, costs, and expenses from another party if the arbitrator, applying applicable law, so determines.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or our Terms and Conditions, our Terms of Use, our Privacy Policy or any other policies or agreements specified herein or therein are void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

You agree to an arbitration on an individual basis. BY AGREEING TO THESE TERMS, YOU IRREVOCABLY WAIVE YOUR RIGHT TO PRESENT A DISPUTE IN COURT, RIGHT TO A JURY TRIAL, AND ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Notwithstanding anything to the contrary herein, you agree that with respect to any claim or controversy excluded from arbitration pursuant to the terms of this Section or determined by an arbitrator or court of competent jurisdiction to be excluded from this section (“Excluded Claim”), you hereby irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Palm Beach County, Florida, for the adjudication of any Excluded Claim, and hereby irrevocably waive, and agree not to assert in any suit, action or proceeding, any claim that you are not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper. Nothing contained herein shall be deemed or operate to preclude a party from bringing suit or taking other legal action against the other party in any other jurisdiction to enforce a judgment or other court ruling in favor of such party. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR IN CONNECTION WITH OR ARISING OUT OF THESE TERMS, OUR TERMS OF USE, OUR PRIVACY POLICY INCLUDING THE PRIVACY NOTICE FOR CALIFORNIA RESIDENTS OR THE SITE OR ANY TRANSACTION CONTEMPLATED HEREBY.

ANY DEMAND FOR ARBITRATION SHALL BE MADE WITHIN A REASONABLE TIME AFTER THE DISPUTE HAS ARISEN, PROVIDED THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, OUR TERMS OF USE, OUR PRIVACY POLICY INCLUDING THE PRIVACY NOTICE FOR CALIFORNIA RESIDENTS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions. We may freely assign any of our rights or delegate any of our obligations without your consent.

No Waivers

The failure by us to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Babylon Bee.

No Third-Party Beneficiaries

These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than you.

Notices

To You. We may provide any notice to you under these Terms and Conditions by: (i) sending a message to the email address you provide, or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting to the Site will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms and Conditions, you must contact us as follows: (i) by email transmission to [email protected]; or (ii) by overnight courier or registered or certified mail to Babylon Bee, LLC, 110 Front Street, Suite 300, Jupiter, Florida 33458. We may update the email or physical address for notices to us by posting a notice on the Site. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Severability

If any provision of these Terms and Conditions is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and Conditions and will not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.

Entire Agreement

Our order confirmation, these Terms and Conditions, our Terms of Use, and our Privacy Policy including the Privacy Notice for California Residents will be deemed the final and integrated agreement between you and us on the matters contained in these Terms and Conditions. In the event of any conflict between these Terms and Conditions, the Terms of Use or our Privacy Policy including the Privacy Notice for California Residents, the terms most favorable to the Company shall control.