Terms of Service

Terms of Service

(Effective April 15, 2020; Last Modified April 15, 2020)

 

PLEASE READ THESE BINDING LEGAL TERMS CAREFULLY BEFORE USING THIS WEBSITE

These Terms of Service (“Terms”) govern and apply in full force and effect to your use of the www.youbars.com website, including all pages within this website (collectively referred to as “Site”) or linked to this website and by accessing, using, viewing, transmitting, caching or storing this Site or any of its services, functions, materials, or contents, or purchasing any products or services from You Bar, Inc. (“YouBar”), you expressly agree to each and all terms, conditions, and notices on this Site without modification. Certain terms, including but not limited to the arbitration clause and class action waiver clause, may restrict your rights to bring a claim in a court of law.

YouBar may make changes to these Terms at any time. Any changes YouBar makes will be effective immediately when YouBar posts a revised version of these Terms on the Site. The "Last Modified" date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes. It is your responsibility to check this page periodically for changes in the Terms. Any new features or tools which are added to the Site shall also be subject to the then current Terms.

The Site is hosted on Shopify Inc. which provides YouBar with the online e-commerce platform that allows YouBar to sell its products and services to you.

 

  1. Agreement for Use

You warrant that you possess the legal authority to enter into this Agreement and to use this Site in accordance with all Terms herein. You agree to be financially responsible for all your use of this Site as well as for use of your account by others, including without limitation minors. You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate. You agree that the products and services offered by YouBar through the Site shall be used only to make legitimate purchases for you or for another person for whom you are legally authorized to act.

 

For any purchases or other services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.

 

  1. Wireless Use

Functionality is not guaranteed with all types of mobile devices in using this Site. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may apply and may be charged by your mobile carrier/service provider.

 

  1. Product and Service Purchases

 

a. Limitations and Restrictions of Service.
      YouBar reserves the right to refuse service to anyone for any reason at any time. YouBar reserves the right to refuse any order you place with YouBar through this Site. YouBar may, in its sole discretion, limit or cancel quantities purchased per person, per household, per business, per customer or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. YouBar reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. YouBar may exercise this right on a case-by-case basis. YouBar reserves the right to limit the quantities of any products or services it offers. In the event that YouBar makes a change to or cancels an order, YouBar may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. YouBar reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.

 

b. Prices and Product Availability. 
      All descriptions of products or product and service pricing are subject to change at any time without notice, at the sole discretion of YouBar. YouBar reserves the right to modify or discontinue any product or service at any time without notice. YouBar shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of services or products. Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to YouBar’s Return Policy (see Section 3(c) below). Any offer for any product or service made on this Site is void where prohibited.

 

c. Return Policy.
      No refunds or returns. This includes but is not limited to, the payment or deposit for the development of any goods, R&D, package design, ingredient sourcing, certification fees, deposits for bar production, recipes, packages, and display boxes. This includes any payment received by YouBar, including but not limited to, through this site or through any other means, for example, including but not limited to wire transfer, credit card, check or cash.  Notwithstanding the foregoing, a refund or return may be permitted if an error was made with respect to your order that was fully attributable to YouBar. In that event, YouBar, at its sole option, will replace the products or provide a partial or full refund, depending on the nature of the mistake. You acknowledge and agree that YouBar is under no obligation to issue a return, exchange or refund, for any reason.

 

d. Customer Information
      . You agree to provide current, complete and accurate purchase and account information for all purchases made through this Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that YouBar can complete your transactions and contact you as needed. You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

e. Image Display
      . YouBar has made every effort to display as accurately as possible the colors and images of its products on the Site. YouBar cannot guarantee that your computer monitor's display of any color will be accurate.

 

f. No Warranties
      . YouBar does not warrant that the quality of any product, service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected. YouBar does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You agree that from time to time YouBar may remove its services for indefinite periods of time or cancel the services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The service and all products and services delivered to you through the Site are (except as expressly stated by us) provided as is and as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

g. Errors, Inaccuracies and Omissions
      . Occasionally there may be information on this Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. YouBar reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). YouBar undertakes no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law.

 

h. Delivery Methods and Shipping
      . Different combinations of delivery methods may be offered. Please carefully review the list of delivery methods offered during the purchase process. YouBar is not responsible for any damages occurred during the shipping of the products or any lost shipments. If a shipment is lost, YouBar may assist you to process the complaint with the shipper but YouBar is not responsible for the lost products. If you provide an incorrect shipping address and the products get returned to YouBar or the products are lost because they were shipped to an incorrect address provided by you to YouBar, then you are solely responsible for the reshipment and/or reproduction costs. If YouBar ships ordered products to an incorrect address due to a mistake made by YouBar (and you provided a correct shipping address) then YouBar will be responsible for the reshipment and/or reproduction costs.

 

  1. Ownership of Materials and Intellectual Property Rights

This Site and the materials contained therein reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights and intellectual property of YouBar and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of YouBar and/or other parties is granted to or conferred upon you. You are granted a limited, non-transferable, revocable license only, subject to the restrictions in these Terms, for purposes of viewing the materials contained on this Site for your personal use only.

All contents of this Site are protected by United States and international copyright laws.  No materials on this Site may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not use the materials on this Site for anything other than personal informational purposes.  The use of any materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any YouBar trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing YouBar’s name, trademarks or other proprietary information. Trademarks owned by YouBar may not be used or displayed publicly without the prior written permission of the owner of the marks. Any rights not expressly granted herein are reserved.

  1. Prohibited Conduct

You may not interfere with the content or functioning of this Site. You are expressly restricted and prohibited from all of the following:

  1. Copy, display, modify, reproduce, or otherwise transfer any of the Site materials to any third party without the prior written permission of YouBar;
  2. Interfere or disrupt networks connected to the Site;
  3. Use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site;
  4. Transmit files, data or other materials containing a computer virus, corrupted data, worms, “Trojan horses” or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed;
  5. Deliver any communication to or through the Site which violates any local, state, federal or international law;
  6. Deliver any communication to or through the Site that contains defamatory, libelous, abusive or obscene material;
  7. Deliver any communication to or through the Site that will infringe upon the rights of any third party;
  8. Publishing any Site material in any media;
  9. Selling, sublicensing, and/or otherwise commercializing any Site material;
  10. Publicly performing and/or showing any Site material;
  11. Using this Site in any way that is, or may be, damaging to this Site;
  12. Using this Site in any way that impacts user access to this Site;
  13. Using this Site contrary to applicable laws and regulations, or in any way that causes, or may cause, harm to the Site, or to any person or business entity;
  14. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site;
  15. Using this Site to engage in any advertising or marketing.

 

YouBar may restrict access by you to any areas of this Site, at any time, in our sole and absolute discretion.  

  1. User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us YouBar send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that YouBar may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. YouBar is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. YouBar may, but has no obligation to, monitor, edit or remove content that YouBar determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead YouBar or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. YouBar takes no responsibility and assumes no liability for any Comments posted by you or any third-party. Additionally, You will indemnify YouBar under Section 10 below.

  1. Copyright Policy

If you are a copyright owner and you believe your work has been copied in a way that constitutes copyright infringement, please contact us and provide the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right of copyright that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party (for example, the complaining party’s physical address, email address, and telephone number);
  • A statement that the complaining party has a good faith belief that use of the material is unauthorized; and,
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Notifications of claimed infringement should be sent to Copyright Officer at orders@youbars.com.  

  1. Disclaimer and No Warranties

This Site is provided “as is,” and YouBar makes no express or implied representations or warranties of any kind related to this Site or the materials contained on this Site.   While YouBar tries to maintain current information, YouBar does not guarantee the currency, accuracy or completeness of the information. YouBar denies responsibility or liability for damages which may result from your access to or use of information on this Site.

While some links on this Site may lead you to other sites, YouBar does not endorse those sites or approve their content. YouBar does not have control over those sites, is not responsible for their content, and does not verify or warrant the information on them.  YouBar provides such links solely as a convenience to you and for informational purposes only. If you go to such third-party sites, you assume any risk of doing so and you will be subject to the terms, conditions of use and privacy policies of the third-party sites.  Other websites may include links to this Site. The inclusion of such links does not indicate the other website’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from this Site.

  1. Limitation of Liability

In no event shall YouBar, nor any of its officers, directors, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable to you for anything arising out of or in any way connected with your use of this Site, whether such liability is under contract, tort or otherwise, and YouBar, including its officers, directors and employees, shall not be liable for any direct, indirect, incidental, punitive, consequential or special damages of any kind, including but not limited to loss of profits or data, lost revenue, lost savings, replacement costs, arising out of or in any way related to your use of this Site. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, YouBar’s liability shall be limited to the maximum extent permitted by law.

  1. Indemnification

You agree to indemnify YouBar to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way related to your use of this Site or your breach of any of the provisions of these Terms.

  1. Arbitration and Class Action Waiver

Any dispute arising out of or related to these Terms or to the products and services sold or distributed through this Site, will be submitted for arbitration to the American Arbitration Association (AAA). YouBar shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction.

The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in Los Angeles, California and in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. You and YouBar waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding. You and YouBar waive any right to a jury trial for such disputes.

In reaching a decision, the arbitrator shall follow these Terms, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The arbitrator shall include in the arbitration award any relief the arbitrator deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law). The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.

Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.

Any and all claims and actions arising out of or relating to these Terms shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.

You agree that you will not file a class action against YouBar, or participate in a class action against YouBar. You agree that you will not file or seek a class arbitration, or participate in a class arbitration, against YouBar.

  1. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

  1. Revision of Terms

YouBar expressly reserves the right to revise these Terms at any time as it sees fit and, by using this Site, you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Site.

  1. Assignment

YouBar is permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without notification or consent required. You, however, are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

  1. Entire Agreement and No Waiver

These Terms, including any legal notices and disclaimers contained on this Site as well as our Privacy Policy, constitute the entire agreement between us and you in relation to your use of this Site, and supersede all prior agreements and understandings with respect to the same.

The failure of YouBar to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

  1. Governing Law and Jurisdiction

These Terms will be governed by, construed and enforced in accordance with the laws of the State of California without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in these Terms may be filed only in the state or federal courts located in the State of California, County of Los Angeles.  

  1. Contact Information

Questions about these Terms should be sent to us at orders@youbars.com.