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TERMS OF USE FOR PAPA & BARKLEY WEBSITES

EFFECTIVE DATE: APRIL 20, 2021

LAST UPDATED ON: MAY 31, 2021

Please review these Terms of Use carefully as it contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you.

This Terms of Use is a legal agreement (referred to herein as the “Agreement”) between you and Papa & Barkley Essentials, LLC (referred to as “Papa & Barkley”, “us”, “we”, or “our”) for accessing our parent website via PapaAndBarkley.com (“the Site”), its subdomains, (collectively the “Sites”), and for the purchase and sale of products and services through the Sites. This Agreement is comprised of:

This Agreement is subject to change from time to time. We display an “Effective Date” at the top of this Agreement so that it is easier for you to know when there has been a change. You should visit this web page periodically to review this Agreement that governs your use of our Sites. Click here to see a record of changes to this Agreement.

1. Acceptance of the Agreement

By using our Sites, you agree to the terms and conditions, without modification, outlined in this Agreement. You agree to use the Sites in compliance with this Agreement and all applicable local, state, national and international laws, rules and regulations. You affirm that you are of legal age to enter into this agreement, and you accept and are bound by this Agreement. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to this Agreement.

You may not order or obtain products or services from our Sites if you (a) do not agree with the terms and conditions outlined in this Agreement, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract, or (c) are prohibited from accessing or using the Sites or any of the Sites’ contents, goods or services by applicable law.

This Agreement constitutes the entire and only agreement between us and you, and supersedes any prior agreements, representations, warranties and understandings with respect to the Sites. By agreeing, we grant to you a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Sites in accordance with this Agreement, and not for resale or to provide services to third parties.

2. Use of the Sites

When using the Sites, you further agree that you will not:

  1. Resell for commercial purposes products purchased through the use of the Sites;
  2. Resell or make commercial use of the Sites;
  3. Use the Sites in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
  4. Send false or misleading information via the Sites;
  5. Use the Sites to advertise to or solicit any user;
  6. Reproduce, publish, modify, distribute, transfer, sell any content on the Sites;
  7. Use tools or other methods to extract, mine or gather data from the Sites;
  8. Other than for your use of the Sites and as expressly permitted in this Agreement, access or attempt to access any systems or servers hosting the Sites contemplated under this Agreement or modify or alter the Sites in any way.

If we believe that there is a violation of the Agreement in your use of the Sites that can simply be remedied by you, whether that is the removal of information or certain actions, we may ask you to take direct action rather than intervene. However, we may be required to also engage in the situation and determine the appropriate action to be taken.

If you are unable to act in accordance with our requested actions and we believe you are a credible risk of harm to us, other users, or third parties, we may be required to terminate permission or license granted by this Agreement, which will ban you from using the Sites and purchasing products or services.

3. Links to third party websites

When our Sites contain links to other websites, and/or facilitates registration to events and activities hosted by other third-parties, those websites are not governed by this Agreement. Whether we have posted those links or other organizations or individuals have, you should read their Privacy Policies and Terms of Use and make an informed decision about whether you want to use those websites or their services.

4. Linking to our Sites

You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you. The Sites must not be framed on any other site, nor may you create a link to any part of the Sites other than the homepage. We reserve the right to withdraw linking permission without notice, for any or no reason. The website from which you are linking must comply in all respects with these Terms of Use.

5. System integrity

You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you. The Sites must not be framed on any other site, nor may you create a link to any part of the Sites other than the homepage. We reserve the right to withdraw linking permission without notice, for any or no reason. The website from which you are linking must comply in all respects with these Terms of Use.

6. Protection of privacy and security

To review how we collect, use or disclose your personal information, you may refer to our Privacy Policy. As outlined in our Privacy Policy, protection of your personal information is a top priority for us. As such, we will maintain administrative, technical and physical safeguards at a level no less protective than those described in our Privacy Policy.

In order to maintain the privacy and security of the Sites, you must not disclose any security or privacy vulnerabilities to any person except Papa & Barkley. Immediately upon discovering any issues that may be pose a threat to the privacy and security of the Sites or data stored within the Sites, you must notify us at [email protected].

7. Intellectual property and ownership

Papa & Barkley exclusively owns and retains all right, title and interest on all content that we have produced, including software, materials, formats, interfaces, information, text, data, graphics, images, video, logos, icons, audio, content, computer code, proprietary and confidential information, and technology used by us or provided to you in connection with the Sites. This intellectual property is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The Papa & Barkley logo, other Papa & Barkley logos and product and service names are or may be registered or unregistered trademarks of Papa & Barkley, and are protected under applicable copyrights, trademarks and proprietary laws in the United States.

Images, audio files and videos on our Sites must not be altered or digitally enhanced. Any other use or alteration of the material is strictly prohibited without our prior written permission. Papa & Barkley will have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Sites any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the Sites.

8. Account and password

When using our Sites to purchase products or services, you must create an account by providing an email address and creating a password. You are solely responsible for maintaining the secrecy of your account password. Your account is for your own use only. You may not authorize others to use your account or transfer your account to any other person. You agree that Papa & Barkley is not responsible for another party’s access to your account that results from misappropriation of your log-in details. You agree that you will notify Papa & Barkley promptly of any unauthorized access or use of your account by contacting us at [email protected].

9. Disclaimer of warranty (Sites)

We have made every effort to ensure the proper function of the Sites, however we are not responsible for any damages occurred while using the Sites. We do not warrant that the Sites will be error-free or that any defects will be corrected. We may make changes to the Sites features, functionality, or other components at any time.

You assume all risk when using the Sites that could risk in any of the following damages but not limited to direct, indirect, special, consequential, incidental or punitive damages.

Papa & Barkley makes no representations and disclaims all expressed and implied warranties and conditions of any kind, including without limitation, representations, warranties or conditions regarding accuracy, timeliness, completeness, non-infringement, merchantability or fitness for any particular purpose. Papa & Barkley assumes no responsibility to the user or any third party for the consequences of any errors or faults in the Sites.

10. FDA disclaimer, Warnings, and Trademark statement

Papa & Barkley products are not for use by or sale to persons under the age of 18. Products should be used only as directed on the label and not used if you are pregnant or nursing. Consult with a physician before use if you have serious medical condition or use prescription medications. Doctor’s advice should be sought before using this and any dietary supplement product.

All trademarks and copyrights and property of their respective owners and are not affiliated with nor do they endorse this product.

These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure or prevent any disease.

11. Terms of Sale

Order acceptance and cancellation: You agree that your order is an offer to buy all products and services 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 orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. You represent and warrant that you are buying products or services from the Sites for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

Prices and payment: All prices, discounts, and promotions posted on our Sites are subject to change without notice. The price charged for a product or 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 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.

Promotions: We may offer from time-to-time promotions on the Sites that may affect pricing and that are governed by terms and conditions separate from this Agreement. If there is a conflict between the terms for a promotion and this Agreement, the promotion terms will govern.

Payment method: Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa and MasterCard for all purchases. You represent and warrant that (i) the credit card information you provide to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, 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 Sites at the time of your order.

Shipping and handling: We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. 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: Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns and refunds: For any products designated on the Sites as final sale or non-returnable, we will accept product returns in conformance with our Returns Policy.

12. Mobile Message Service: Short Message Service (SMS) and Multimedia Messaging Service (MMS)

We operate a mobile message service that provides you with marketing and promotional offers, updates about our products, and alerts related to your activity on our website (e.g. cart reminders). Your consent is required to use our mobile message service and receive text message communications from us (SMS and MMS). Your consent for mobile messaging services is not a condition for purchasing our products and services and you can withdraw your consent at any time.

Text messages are sent using an automatic dialing system or similar technologies through your wireless provider to the mobile number you have provided to us at the time of consent. You must provide us with a valid mobile number that is under your responsibility and ownership. You are responsible for maintaining accurate, complete, and up-to-date mobile number when using our mobile message service. The frequency of messages may vary and you can withdraw your consent at any time by texting the single keyword “STOP” to +1 (833) 647-1235. If you require any assistance with our mobile message service, you can text the single keyword “HELP” to +1 (833) 647-1235.

We may change the short code or telephone number we use to operate our mobile message service at any time. We will notify you of any changes to our service as outlined in this Terms of Use and our Privacy Policy. Should our short code or telephone number change, we will not be responsible for any messages you send to our previous short code or number.

We offer this mobile messaging service free of charge. Messaging and data rates may apply and you are responsible for all charges and fees associated with text messaging by your wireless provider. Wireless carriers are not liable for any delayed or undelivered messages from our mobile messaging service. Indemnity considerations outlined in Section 16 of this Agreement apply to our mobile messaging service.

12. Product reviews

We provide a verifiable product review feature on the Sites through a third-party vendor where you can provide a review of the product of interest. We will review and publish a selection of customer reviews after the review has been processed through our internal review process. By submitting your review, you agree to the publishing of these reviews on our Sites. Publication of reviews will be in accordance with our Privacy Policy.

13. Limitation of liability

To the extent permitted by applicable law, Papa & Barkley shall not be liable to you or to any other party under any circumstances for any 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, 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.

Where a product or service has been purchases from our Sites, 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 and services you have ordered through our Sites.

14. Force majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms 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, pandemics, flood, fire, earthquake, 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, 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.

15. Indemnity and release

You agree to indemnify, defend and hold us and our affiliates and subsidiaries, licensors, suppliers and service providers, and each of their respective directors, officers, employees, contractors, agents, shareholders, distributors and representatives harmless from any liability, loss, claim and expense, including reasonable legal fees, related to your violation of this Agreement, the use of the Sites, and the use of our mobile messaging service. You also agree to release and hold harmless Papa & Barkley from and against any and all liability, claims damages, actions, and costs, arising out of or in connection with your use, review or reproduction of the Sites and our mobile messaging service.

16. No waiver

The failure by us to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision.

17. No third- party beneficiaries

The failure by us to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision.

18. Assignment

You may not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.

19. Severability

If any provision of this Agreement is invalid, illegal, void or unenforceable, then that provision will be deemed severed from this Agreement will not affect the remaining Agreement.

20. Notices

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

To Us. To give us notice under this Agreement, you must contact us by certified or registered mail to Papa & Barkley Essentials, LLC at 1190 N. Lake Avenue, Pasadena, CA 91104. We may update the address for notices to us by posting a notice on the Site. Notices will be effective three business days after they are sent.

21. Language

This Agreement and all related notices and other documents will be written in the English language. Subject to applicable law, any non-English translation of this Agreement provided by us will be upon request only and for your convenience. Should there is a conflict or inconsistency between the English version and a non-English version then the English version will take priority and govern.

22. Governing law, jurisdiction, dispute resolution

The terms of this Agreement are governed by the laws of the United States (including Federal Arbitration Law). All disputes arising out of or related to this Agreement or any relationship between you and Papa & Barkley will be resolved through final and binding arbitration. This considers all disputes and matters of the relationship whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Final and binding arbitration will be before a neutral arbitrator instead of in a court by a judge or jury. All disputes shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). Acceptance of this Agreement constitutes a waiver of your right to litigate in court, be heard by a judge or jury, and proceed in a class, consolidated, representative or similar action.

23. Term and termination

This Agreement will commence on the date you access the Sites and continues until terminated in accordance with the provisions of this Agreement. You may cease using the Sites at any time. We may cease providing you the Sites at any time without notice. We may terminate this Agreement immediately, and at any time, if you violate your obligations under this Agreement.

Upon the termination of this Agreement for any reason, (a) the license granted to us in respect of the personal information you have provided to us will survive for so long as we are required by law to retain such information; (b) we will no longer provide and you will no longer use the Sites; and (c) we will be entitled to retain and use your personal information in accordance with the terms of this Agreement, and subject always to Applicable Laws.