- Introduction. These terms and conditions (these “Terms”) govern your access and use of the online services provided by Bright People Foods, Inc. and its affiliates (“BPF,” “us,” or “we”), including BPF websites (including the related domains of such websites), mobile applications and other services of BPF (collectively, the “Services”). The Services are intended for use by users that are 18 years of age or older. If you are not the intended audience or you object to these Terms, you may not use our Services. By using the Services, you represent and warrant that you are 18 years of age or older. Unless otherwise stated in herein, these Terms do not alter in any way the terms or conditions of any other agreement you may have with BPF for products, services or otherwise.
- Use of Websites. By using the Services, you agree that these Terms create a legally binding agreement between you and BPF. We reserve the right, at any time, to modify these Terms. By continuing to use the Services following such modifications you agree to be bound by such modifications. We will post our most current Terms on this page, and you should periodically visit this page to review them. We may, in our sole discretion, discontinue any Services with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that we will have no liability to you if the Services are discontinued or your ability to access the Services is terminated. The Services may be used only for lawful purposes. You agree not to do any of the following while using the Services:
Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Services), vulgar, obscene, or that promotes violence or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
Transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Services;
Transmit or otherwise make available through the Services any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes;
Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the BPF websites or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason; or
Violate any applicable local, state, federal or international law, rule or regulation.
- Content and Intellectual Property. Unless otherwise set forth in these Terms, the Services, including but not limited to all designs, logos, graphics and other content (and all intellectual property related to the foregoing), are the sole and exclusive property of BPF or its content suppliers (as applicable). The content (and all related intellectual property) available via the Services is protected by United States and international trademark and copyright laws and other applicable laws. Except as stated in these Terms, no content may be copied, reproduced, republished, downloaded, distributed or transmitted in any form or by any means without the prior written consent of BPF or the respective owner of such content. You may not use BPF’s names, logos, or other trademarks for any purpose without the express written consent of BPF. Any and all rights not expressly granted to you herein are reserved by BPF.
- Accounts. If any of the Services requires you to create an account or provide personal information, you agree to submit complete and accurate information, and to update such information as necessary to ensure that it continues to be complete and accurate. You are solely responsible for the security of your account, and you shall notify us in the event you suspect any unauthorized use. BPF is not liable for loss you suffer or incur as a result of someone else using your account information, regardless if you have knowledge of such unauthorized use. We are also not responsible for any delay in closing your account after you have notified us of a breach of security. Notwithstanding the foregoing, you acknowledge and agree that you have no ownership rights in any account you have with us (including access to any related Services). BPF may terminate any account at any time without notice to you. We are not responsible and assume no liability for any information removed from any Service, and we reserve the right to permanently restrict your access to the Services or any account.
- Disclaimer. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, AND ALL INFORMATION CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. BPF DOES NOT WARRANT THAT THE SERVICES OR ANY INFORMATION, CONTENT OR FUNCTIONALITY OFFERED THROUGH THE SERVICES, OR ANY ELECTRONIC COMMUNICATIONS SENT FROM BPF, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BPF does not represent or warrant that the information on its website is or will be current, complete, or accurate OR THAT ANY FUNCTIONALITY OFFERED THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BPF further does not represent or warrant that its website will function to meet your needs or as BPF intends. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BPF DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT BPF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, THE INABILITY TO USE OR ACCESS THE SERVICES, OR ANY INFORMATION, CONTENT OR FUNCTIONALITY OFFERED THROUGH THE SERVICES. THESE LIMITATIONS APPLY TO ALL LOSSES AND DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IN THE EVENT THAT YOU ARE DISSATISFIED WITH ANY OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SERVICES. APPLICABLE LAW MAY NOT ALLOW SOME OF THE LIMITATIONS OF LIABILITY FOR DAMAGES SET FORTH ABOVE, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.
While we endeavor to create a secure and reliable website, BPF is not responsible for the security of information transmitted via the Internet, the accuracy of information on BPF websiteS, or for the consequences of any reliance on such information. You must make your own determination regarding these matters. This website may be temporarily unavailable from time to time for maintenance or other reasons. You are solely responsible for the security, confidentiality, integrity and use of all messages and/or content that you transmit to THIS website.
- Indemnification. You agree to indemnify and hold harmless BPF and its respective shareholders, directors, officers, employees, agents, representatives, licensors and suppliers from any and all liabilities, losses, damages, expenses, costs (including reasonable attorneys’ fees) incurred or suffered in connection with any claim arising out of or related to your access or use of the Services or your inability to access or to use the Services or any other offerings rendered by BPF or its contractors in connection with the Services or your use of the Services.
- Governing Law. These Terms shall be governed by the laws of the state of California without regard to its conflict of laws provisions. Subject to Section 10 below, any legal action or proceeding between BPF and Customer shall be instituted in the state or federal courts located in San Francisco, California, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.
- Dispute Resolution.
Please contact us if a dispute ever arises between us. If we cannot resolve the matter informally, you agree that any and all disputes or claims (“Claims”) that have arisen or may arise between you and us shall be resolved through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. Any and all Claims shall be submitted for binding arbitration in San Francisco, California, in accordance with the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time such arbitration is initiated (“JAMS Rules & Procedures”) which are available at: www.jamsadr.com, unless you can demonstrate to us that such venue would create an undue burden to you, in which case, we will allow you to initiate the arbitration in your home state. Any disagreements concerning the forum for arbitration will be settled by the arbitrator.
By using the Services, you agree to arbitrate your Claims. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIMS.
The arbitration will be heard and determined by a single, neutral arbitrator, who shall be selected and render an award in accordance with JAMS Rules & Procedures. In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Any award may also be challenged if the arbitrator awards any relief that could not be awarded under the laws of the state in which the arbitration is held or in which the award is to be enforced. Except as set forth above, the arbitrator’s decision in any such arbitration will be final and binding upon you and us and may be enforced in any federal or state court that has jurisdiction. You and BPF agree that the arbitration shall be kept confidential and that the existence of the proceeding and any component arising from it (including, but not limited to, any briefs, pleadings or other documents submitted or exchanged and any testimony or other oral submissions) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required by applicable law.
You may, in arbitration, seek any and all remedies otherwise available to you under applicable federal, state or local laws, except that you may not act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or BPF’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Accordingly, you agree that the JAMS Class Action Procedures do not apply to any arbitration between you and us. This arbitration provision and the procedures applicable to the arbitration contemplated by this provision are governed by the Federal Arbitration Act, notwithstanding any state law that may be applicable.
Notwithstanding the foregoing, you and BPF retain the right to apply to any court of competent jurisdiction for public injunctive relief and/or provisional relief, and any such request shall not be deemed inconsistent with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms. You and BPF acknowledge and agree that under no circumstances shall either party agree to class arbitration.
You acknowledge and agree that you and BFP shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between you and BFP.
Notwithstanding anything to the contrary in these Terms, no arbitrator shall have the power to alter, amend or change the terms of these Terms nor have any authority to, award any incidental, indirect, consequential or punitive damages, which includes, but is not limited to, damages for lost profits and diminution of value.
- Communication. When you visit BPF’s websites or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on BPF’s websites.
- Links. These Terms apply only to the Services, and not to the sites of any other companies or organizations, including those to which BPF websites may link. We are not responsible for the availability of any other site to which any BPF website links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster.
- No Waiver. No waiver, express or implied, by us of any breach or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
- Terminate Access. We may terminate your access to and/or use of the Services for any or no reason, at any time, in our sole discretion, with or without notice to you.
- Miscellaneous. These Terms constitute the entire agreement with respect to your access to and use of the Services. You agree that no joint venture, partnership, employment, or agency relationship exists between BPF and you as a result of these Terms or your use of the Services. The captions in these Terms are included for convenience of reference only and in no way define or delimit any of the provisions hereof or otherwise affect their construction or effect. These Terms shall be binding upon and inure to the benefit of the successors or permitted assigns of you and us, provided that you may not assign the Terms or any of your rights or obligations under the Terms without BPF’s express written consent. If any term of these Terms shall violate applicable law, such provision shall be ineffective and all other terms shall remain in full force and effect.
If you have any questions about these Terms, please feel free to contact us at 530 669-6870. Our customer service representatives are available between 6am and 2pm Pacific Time, Monday through Friday, except holidays.