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the Eat Bar Terms of Service and Sale

This website www.theeatbar.com (the “Site”) is owned and operated by Nutraphagia LLC DBA theEATBar, a Delaware limited liability company (“theEATBar”, or “we”, or “us”). Please read these Terms of Service and Sale carefully. These Terms of Service and Sale are our “Agreement,” and applies to, and governs your use of, the Site. This Agreement is a legally binding agreement between you and theEATBar. We require that you agree to all of the terms and conditions of this Agreement, as amended from time to time. We have a privacy policy and a cookie policy, which you can access at https://www.theeatbar.com/pages/nutraphagia-privacy-policy (the “Privacy Policy”) and https://www.theeatbar.com/pages/nutraphagia-cookie-policy (the “Cookie Policy”), respectively. Our Privacy Policy and Cookie Policy also your use of the Site and explain our policies and procedures, what personally identifiable information you must provide if you wish to use the Site and, ultimately, how we use such personally identifiable information. The Privacy Policy and Cookie Policy are a part of, and are incorporated by reference into, this Agreement. 

By purchasing products from us or otherwise using the Site, you are accepting, and agreeing to be legally bound by, this Agreement and represent and warrant that you have the right, authority, and capacity to accept and abide by this Agreement. You may not access or use this Site or accept this Agreement unless you are 18 years old and a resident of the United States or of a jurisdiction where your participation is legal and not contrary to law or regulation, and does not create liability for registration, or taxes, or other affirmative obligations for theEATBar. If you are unwilling or unable to accept or agree to be legally bound by this Agreement, please do not purchase products from us or otherwise use the Site.


Arbitration Notice

Except where prohibited by applicable law, you agree that all disputes between you and theEATBar will be resolved by binding arbitration, and you waive all rights to participate in a class action lawsuit or class-wide arbitration.


Changes

We reserve the right to, and you agree that we may, change, amend, modify, or replace, this Agreement, at any time and without prior notice. Unless a later date is specified, all changes, amendments, or modifications take effect immediately upon being posted to the Site. Accordingly, it is important for you to review this Agreement on a regular basis to keep yourself apprised of any changes. We may send emails to our account holders containing a link to the revised Agreement if we consider in our discretion a change to be material. Your continued use of this Site following the posting of an updated Agreement will constitute your acceptance of the terms and conditions of the updated Agreement. If you do not agree to the terms and conditions of the updated Agreement, do not continue to use the Site.


Access and Use

Subject to your compliance with this Agreement, and as expressly limited by the terms of this Agreement, we permit you to make personal and non-commercial use of the Site. All rights not expressly granted to you in in this Agreement are expressly reserved and retained by theEATBar. You may use the Site only as permitted by law and this Agreement. We reserve the right to limit the availability of the Site, or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and reserve the right to refuse access to the Site to anyone at any time and for any reason.


Availability and Pricing

Our catalog of products, and their respective specifications, availability, and pricing are subject to change without notice. Additionally, theEATBar does not warrant that the product or services specifications or descriptions listed on the Site are up-to-date or accurate. All specifications, drawings and particulars of weights, ingredients, or other details of products or services on the Site are intended to give a general description of the products only, and are not in any manner a part of this Agreement. While we endeavor to keep prices listed on our Site current, product prices listed may be incorrect, and theEATBar is not responsible for pricing errors. Your order of any product through this Site, or otherwise from theEATBar, is an offer by you to purchase product at the prices listed at checkout. If the actual product price differs from that which is provided to you at checkout, we will contact you regarding the disparity.

The prices quoted on the Site, or otherwise by theEATBar, may not reflect the cost of accommodating purchases via credit card, or third-party service charges, or software or e-commerce provider charges. We reserve the right to pass through such additional charges incurred as a result of your use of such purchasing methods, subject to applicable law. Additionally, the prices quoted on the Site, or otherwise by theEATBar, may not include any federal, state or local taxes or any present or future sales, use, excise, value-added or similar taxes. Where applicable, such taxes shall be billed as a separate item and paid by you. Orders are accepted with the understanding that such taxes will be added, as required by law. We may charge local sales tax, unless you have a valid sales tax exemption certificate on file with the company. All prices, fees, expenses, and other charges are in US Dollars. Some products may not be available for shipment outside the United States. The company reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.


Account Registration

You may view the Site without creating an account, but in order to use certain features of the Site, you may need to register for a user account with theEATBar, if you meet the eligibility requirements. When you register, you may be asked to provide theEATBar with certain information, including a valid email address. You agree that you will not register or maintain more than one user account with theEATBar, and you will not register or maintain an account for anyone other than yourself. You agree to provide theEATBar with complete and accurate information at the time of registration, and to update and make changes or corrections to any of your information such that it is true, current, complete, and accurate at all times. We reserve the right, at our sole discretion, to refuse to accept any application to register a user account, including without limitation if any information you provide is incomplete or inaccurate, or if you attempt to register more than one user account. You are solely responsible for any and all activity through, and content added to, your user account. 

Your user account is protected by standard password protocols. You are solely responsible for the security and secrecy of your username and password, and you agree not to share or disclose your password to anyone. You agree to accept responsibility for all activities that occur under your user account. You agree to immediately notify us if you suspect, or are aware of, any unauthorized use of your username or password, or any other breach of security of your user account, or the Site. Upon receiving such notice, theEATBar may suspend or otherwise secure your account to prevent future unauthorized use. You agree that, while theEATBar endeavors to use secured systems for the storage of your information, theEATBar cannot guarantee third-party compliance and shall not be responsible in any way for the acts of third parties with respect to your information. theEATBar has the right, but not the obligation, to monitor any activity or action associated with the Site.


Compliance with Applicable Law

You may not use the Site for any purpose or in any manner that violates any applicable law or governmental regulation. You agree to comply with all applicable laws, statutes, and regulations. theEATBar may disclose in any form, including in electronic form, any information that is required by law to be disclosed regarding the Site or its use.


Representations and Warranties 

In addition to the other representations, warranties, and agreements made by you in this Agreement, the following representations and warranties are the legally binding promises you make to theEATBar. You represent and warrant that:

  • You will not interfere with or attempt to gain unauthorized access to the Site, its server, or any accounts, or computer systems, through hacking, password mining, or any other means.
  • You will not decompile, disassemble, reverse engineer, or otherwise attempt to discover any source code that makes up the Site.
  • You will not use any “bot,” robots, scripts, simulators, emulators, macros, software exploits, “hacks”, or other automated means of using or manipulating the Site.
  • You will not modify or attempt to modify the Site or any of their respective components.
  • You will not frame or otherwise display any of the content of this Site on or through any other website.
  • If you discuss theEATBar, you agree to only do so in an honest manner that reflects your actual experiences with the Site.
  • You agree that you are responsible for all charges, including without limitation, data charges, you incur through your use of the Site and have the legal right to use any credit card utilized in any transaction.
  • You will not modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials (defined below) in any way for any purpose except as specifically permitted by applicable law.


Proprietary Rights

The Site displays (a) copyrighted material, such as graphics, photographs, illustrations, advertising and promotional materials, and (b) logos and other trademarks, including the names of brands, whether registered or unregistered, and (c) other forms of intellectual property (collectively, the “Materials”) of theEATBar and other third-parties. All right, title, and interest in and to the Materials belongs to theEATBar and the respective third-parties, and is protected by U.S. and international copyright, trademark, patent, or other proprietary rights and laws. Except and to the extent permitted by applicable law, no copying or other exploitation of the Materials is permitted without the express prior written permission of theEATBar or the applicable owner of the Material.


Third Party Content and Links to Third Party Sites and Applications

The Site may contain links to websites, services, applications, or other content that aren’t affiliated with, or owned, controlled, or endorsed by, theEATBar. The Site may also include third-party content that we do not control, maintain, or endorse. Further, the Site may allow you to interact with third-party websites or features, including applications that connect the Site with a third-party website or feature, such as a social networking website. We do not endorse or make any representation about any third-party site, service, application, or resource, or anything contained on or in any such site, service, application or resource. Access of third-party websites, services, applications, or resources is at your sole risk and you acknowledge and agree that we are in no way responsible or liable for any of third-party sites including, without limitation, their content, policies, unavailability, promotions, products, services, actions, or omissions and/or any damages, losses, failures or problems caused by, related to, or arising from those third parties or their sites. Your interaction with any third-party found through or accessed from the Site are solely between you and that third-party. Should you encounter any problem with any business or person linked to from the Site, please inform theEATBar, as we value your input in evaluating satisfaction with such providers, however, we are not responsible for anything on or in any linked websites, services, applications, or resources site, any changes or updates to such linked site, or anything they do, do not do, or promise.


Orders

You agree that any order place through the Site is an offer to buy all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept an order, cancel an order, or limit order quantity, at our sole discretion, even after you are sent confirmation with your order number and details of the items you have ordered, or other order confirmation. If theEATBar cancels an order after accepting payment, you will be issued a refund. 

theEATBar utilizes third-party commerce platforms and payment systems to take the placement of orders and to process payments. Those third-party commerce platforms and payment systems have their own terms of service and privacy policies. Links to these privacy policies are available in our Privacy Policy. You should review them in their entirety. We shall not be responsible for the acts or omissions of such third-party commerce platform and payment systems.

Many factors influence the lead times and availability of our products. We make no representation or warranty that Product will be in stock, or that any set lead-time is guaranteed. Prior to fulfillment of any order, theEATBar may also require certain information and specifications from you. Delays in the delivery of information and materials requested by theEATBar may cause delays in fulfillment of an order, and theEATBar shall have no responsibility for any such delay. You bear the entire risk of loss, theft or damage to the products for any cause. Even if the product is lost, stolen or damaged, you remain obligated for the balance of payments due.

Return Policy

Our Returns & Refund Policy is available at https://www.theeatbar.com/pages/returns-refunds.

Disclaimer of Warranties

The Site, and all information, materials, products, and other services on or otherwise made available to you through this Site or by theEATBar are provided “as is,” “with all faults,” on an “as available” basis, and without any representations, warranties, or conditions of any kind, express or implied.  You acknowledge that your use of the Site is entirely at your own risk, and you will be solely responsible for, and hereby waive, any and all claims and causes of action with respect to any damage to your device hardware or any other device, software, computer system, loss of internet access, or loss of data that results from using the Site. 

To the fullest extent permitted by applicable law, theEATBar, and its affiliates, and their respective, members, shareholders, managers, directors, officers and employees, and other representatives (collectively, “theEATBar Parties”) expressly disclaim all representations, warranties, conditions, endorsements, and undertakings of any kind, express or implied, including without limitation the implied warranties of merchantability, title, custom, fitness for a particular purpose, satisfactory quality, non-infringement, security, system integration, and accuracy. Without limiting the foregoing, theEATBar does not warrant that: (a) the Site (or the server that makes it available) will be secure, uninterrupted, timely, or error-free (or that defects will be corrected), free of viruses or other technologies that can damage you or your property; (b) the technological infrastructure of the Site (or the server that makes it available) does not infringe on the proprietary rights of others; (c) the quality of any products, services, information or other material listed on or made available to you through the Site, or otherwise by theEATBar, will meet your expectations; or (d) there is or should be any implied warranty arising from course of dealing or usage of the Site.

You acknowledge that you are responsible for obtaining and maintaining all device hardware, software, and access needed to access and use the Site, and for paying all related charges. No opinion, advice, or statement of theEATBar Parties, or any of them, whether made on the Site or otherwise, will create any warranty not expressly stated in this Agreement. theEATBar shall not be responsible for acts or omissions by any party, including but not limited to any party who might hack, invade, or otherwise disrupt the site or take information, including content you provide. theEATBar shall not be liable under any circumstances if the Site is unavailable at any time or for any period of time. Access to the Site may be suspended temporarily or indefinitely and without notice. 

TheEATBar, and theEATBar Parties do not warrant that your use of the Site is lawful in any particular jurisdiction and, in any event, theEATBar Parties specifically disclaim such warranties. By accessing or using the Site you represent and warrant that your activities are lawful in the jurisdiction where you access or use the Site.

Applicable law may not allow the exclusion of implied or other warranties. In such jurisdictions, some or all of the foregoing disclaimer may not apply to you. This section shall survive termination. 


Limitation of Liability

In no event will theEATBar Parties be liable for any indirect, incidental, special, consequential, economic, exemplary, punitive, loss or damage of any kind (even if theEATBar knows, should know, or has been advised of the possibility of such damages), regardless of the nature of the action, resulting from or arising out of, or directly or indirectly related to: (a) the Site, or any aspect of the Site; (b) your use or misuse of the Site, or from your inability to use, or the performance of the Site; (c) the interruption, suspension, modification, alteration, or termination of the Site, and/or third-party websites, services, applications, or other content accessed through the Site; (d) any action or inaction in connection with any investigation regarding your or any other party’s use of the Site; (e) any error or omission in the operation of the Site; (f) any breach of warranty or condition; or (g) any damage to your computer, mobile device hardware, software, or other equipment or technology. In no event will theEATBar parties be liable to you or to any other party for death or personal injury. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Site, or any links on this Site, as well as by any information or reports provided by or through this Site.  Except as expressly provided in this Agreement, your sole and exclusive remedy against theEATBar Parties is to discontinue of your use of the Site. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some or all of the foregoing limitations may not apply to you. 

You acknowledge that if you incur any damages, losses or injuries that arise out of the acts or omissions of theEATBar Parties, or any of them, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction of any kind, or any other equitable remedy, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Site. 

By registering a user account or accessing, or using the Site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the Civil Code Of California, and any similar law of any applicable jurisdiction, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This section shall survive termination. 


Indemnification

You agree to indemnify, defend, and hold theEATBar Parties harmless from any and all claims, demands, damages, losses, investigations, liabilities, judgments, settlements, costs, attorneys’ fees, or other expenses that directly or indirectly relate to or arise from or are otherwise directly or indirectly connected to: (a) your breach or alleged breach of this Agreement, including without limitation your breach of any representation or warranty; (b) your use or misuse of the Site or your account, whether or not authorized by you; (c) your violation of any law, rule or regulation; (d) your failure to pay any applicable taxes; and/or (e) your interaction with any third-party. You will cooperate as required by theEATBar Parties in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized representative of theEATBar, which we may withhold, delay, or condition, in our sole discretion. This section shall survive termination.


Export Controls

Products purchased through the Site or theEATBar, or otherwise received from theEATBar, are subject to export control laws, restrictions, regulations and orders of the United States, and other applicable jurisdictions. Thus, products obtained through the Site, or otherwise from theEATBar, may not be inter alia exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You agree to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. You represent and warrant that you are not on the Denied Persons, Specially Designated Nationals, or Debarred Persons List and are not otherwise prohibited by law from purchasing products from theEATBar. You are solely responsible to obtain any license to export, re-export, or import any product as may be required by applicable law.


Suspension, Modification, and Termination

We may temporarily or indefinitely, at any time and without prior notice to you, suspend, modify, add, or discontinue, the Site (or any part thereof) or your access to or use of the Site, in our sole discretion, and you agree that theEATBar shall not be liable to you or to any third-party for any such action. We may in our sole discretion refuse or restrict any person from access or use of the Site (or any portion thereof), or terminate your user account, at any time for any reason, including without limitation, following a failure to strictly comply with this Agreement, or if, in our sole discretion, your use of the Site would be contrary to law or regulation or is potentially injurious to other persons or is otherwise not in the best interests of theEATBar. Upon termination, all licenses and other rights granted to you in this Agreement will immediately cease. 


Arbitration of Disputes; Venue

Any disputes, claims, or controversies arising out of or related to the Site (a “Dispute“) in any way relating to the Site, or products sold through the Site, or otherwise against theEATBar Parties, will be resolved by binding arbitration and not in a court of law. You agree that any Dispute asserted against theEATBar Parties, or any of them, will be brought exclusively with the Arbitration Service of Portland (“ASP”) in Portland, Oregon, to be arbitrated according to the then current ASP rules of arbitration. The judgment rendered by the arbitrator will be binding on you and theEATBar, and may be entered in any court of competent jurisdiction. The foregoing provisions does not prevent a party from seeking an injunction or other equitable relief from, or to enforce the decision of an arbitrator in, a court in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, and each party submits to the exclusive jurisdiction or Multnomah County, Oregon for such purposes. This Section shall survive the termination of this Agreement. Prior to arbitration, please send a certified letter describing your claim to theEATBar at 425 NW 10th Avenue Suite 200, Portland, Oregon 97209. If for any reason a Dispute proceeds in a court rather than in arbitration you and theEATBar each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. This section shall survive termination.


Unsolicited Ideas

While we welcome user feedback on the Site, theEATBar does not to accept ideas, suggestions or other materials, and takes no responsibility for any materials or ideas transmitted to theEATBar. If you choose to send us ideas, information, suggestions, or other materials, you agree that theEATBar is free – without any liability or payment of any kind to you – to use any such ideas, information suggestions or other materials, for any and all purposes, including, without limitation, developing and marketing products and services.


Miscellaneous

This Agreement is the entire agreement between you and theEATBar relating to the subject matter of this Agreement. This Agreement is intended for the sole benefit of you and theEATBar and does not confer any rights, remedies, benefits, or claims, upon any third-party, except for persons expressly entitled to indemnification under this Agreement. If for any reason anything on or associated with this Site is in conflict or inconsistent with this Agreement, this Agreement is controlling. You may not assign this Agreement or assign any rights or delegate any obligations under this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of theEATBar, which we may withhold in our sole discretion. Any purported assignment or delegation by you without the appropriate prior written consent of theEATBar will be null and void. Each provision of this Agreement is severable. If a provision of this Agreement is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of this Agreement will not be impaired. No waiver by theEATBar of any of the terms and conditions of this Agreement will be deemed a continuing waiver or waiver of any of the other terms and conditions of this Agreement, and our failure to act with respect to any breach of this Agreement does not waive our right to act with respect to subsequent or similar breaches. This Agreement shall be governed by the laws of the State of Oregon. This Agreement will not be governed by the United Nations Conventions on Contracts for the International Sale Of Goods. The prevailing party in any legal action arising out of or relating to this Agreement shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements determined by a court or arbitrator.

Please contact theEATBar at info@theeatbar.com for any issues or complaints about the Site.