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This Bar Saves Lives, LLC
Terms of Service

Your use of the This Bar Saves Lives, LLC (“TBSL”) web site (the “Site”) is subject to these Terms of Use. Use of the Site, registering on the Site, as a retailer or otherwise, or executing a transaction on the Site each constitutes acceptance of these Terms of Use. From time to time, we may change, move, delete or add to the Site. In addition, we may amend these Terms of Use at any time by posting a revised version on the Site.

Use of the Site

We hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of browsing and shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance, according to the terms and conditions stated herein. Any breach of these Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice.

By registering as a retailer or otherwise using the Site:

You represent that you are of legal age to form a binding contract and of legal working age, and are not a person barred from using the Site under the laws of the United States or any other applicable law. If you are using the Site on behalf of your employer or any other party, you represent that you are authorized to do so.

You agree that if you register on the Site, you will (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete.

Third Party Access to Information

We may share your personal information with service providers acting on our behalf who are contractually bound to keep such information confidential. For example, logistics services may use your personal information in order to complete a delivery to you. In addition, we may use or disclose your personal information in the good faith belief that we are lawfully required to do so, or that doing so is reasonably necessary to protect you, to comply with legal process or the instructions of legal authorities, to respond to any claims, to enforce our legal rights, or to protect the rights, property or personal safety of ourselves, our employees, you or members of the public. We do not sell or otherwise provide your personal information to any third party except as set forth herein.

Retailer Accounts; Security

Certain portions of the Site are available only to Retailers. If you become a Retailer, you will receive a password and account designation upon completion of the registration process by TBSL. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We will not be liable for any loss or damage to you or anyone else arising from your failure to comply with this rule.

Your Conduct on the Site

You agree to abide by the following rules when using the Site: You may not use the Site in such a manner as to violate any applicable law, rule or regulation.

You may not use the Site or any of our hardware, software or equipment for the purpose of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to us or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure or virus dissemination.

You may not use any robot, spider or other automated device to monitor or copy the web pages of the Site or any information provided on the Site without our express prior written permission.

Products and Information on the Site

Products posted on the Site may have limited availability and are subject to supply. Descriptions, specifications, and pricing are subject to change at any time and without notice. Prices displayed on the Site are quoted in U.S. Dollars.

We use reasonable efforts to ensure that information we provide on the Site will be accurate, but we do not guarantee the accuracy, timeliness, completeness or quality of any material that is found on, in connection with, or posted to the Site. Further, although we may choose to do so, we are under no obligation to record or retain any material on or associated with the Site.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we reserve the right to refuse or cancel any orders placed for said product, whether or not such order has been confirmed and your credit card charged. If your credit card has already been charged for a cancelled order, we will immediately issue a credit to your credit card account in the amount of the charge.

Nutrition, Fitness and Well Being Information

Certain content presented on the Site may discuss general wellness information. Such content is not intended to be construed as or be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of anything on or associated with the Site. You should always consult your own qualified health care professional concerning your particular circumstances and needs and not rely on the Site or any content therein. Using the Site is solely at your own risk.

International Access

The Site is accessible from countries other than the United States; however, it may contain products or product references that are not available internationally. Any such references do not imply that such products will be made available outside the United States. You are responsible for complying with your local laws and regulations when accessing the Site internationally.

Risk of Loss

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale.

Third Party Web Sites

The Site may contain links to other third party web sites. We have no control over, and accept no liability, obligation or responsibility for, the contents or performance of such other web sites. Any such links do not necessarily constitute an endorsement of, or any representation regarding, the linked web site, its content, its owner, its performance or its owner’s products or services.

Ownership

All materials on the Site that are created or provided by us, including text, graphics, logos, icons and images, are the property of TBSL or other content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on the Site is the exclusive property of TBSL and is also protected by United States and foreign intellectual property laws. You may download, view, copy and print the materials on the Site for personal or internal business use only; provided, that you do not remove or alter any trademark, service mark or logo, or any copyright or other intellectual property notice.

Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit or modify any material, or portion thereof, located on the Site, or resell access to the Site, in any form or by any means without the prior written consent of TBSL. You may not use the Site materials in connection with any product or service in any way that is likely to cause confusion, and you may not use the Site materials in any manner that disparages or discredits TBSL.

Unauthorized use of any material on the Site may violate copyright law, trademark law and/or other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are hereby reserved. [This Bar Saves Lives is the trademark of TBSL]. The other trademarks, service marks and logos used on the Site are trademarks of TBSL or others.

We reserve the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE SITE AND THE INFORMATION ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TBSL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TBSL MAKES NO WARRANTY (a) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (b) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES, TROJAN HORSES OR OTHER MALICIOUS CODE, (c) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (d) THAT ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED, or (e) WITH RESPECT TO ANY PRODUCT OR SERVICE AVAILABLE THROUGH OR ADVERTISED ON THE SITE.

No information or advice obtained through the Site shall constitute a warranty.

Your use of any material distributed, downloaded or accessed from the Site is at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data or loss due to your downloading or reliance upon any such material. TBSL assumes no responsibility, and will not be liable for, any damages to your computer equipment, software or other property as a result of your downloading, viewing or otherwise using the Site or any material found on the Site, or any other web site to which the Site is linked, or any damages resulting from your reliance on materials posted on the Site. We do not provide refunds for fees paid to us for any reason.

IN NO EVENT SHALL TBSL’S LIABILITY ARISING IN CONNECTION WITH OR UNDER THESE TERMS OF USE OR ANY USE OF THE SITE EXCEED $100. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS OF USE OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL TBSL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, (a) BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON TBSL IN CONNECTION WITH THESE TERMS OF USE, (b) THE USE OF OR INABILITY TO USE THE SITE, (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ELSEWHERE, OR YOUR RELIANCE ON THE SAME. For the sake of clarity, “consequential damages” shall include, without limitation, loss of use, loss of customers, income or profit, damages or losses resulting from claims of other persons against you.

TBSL shall not be liable for any failure to perform under these Terms of Use where such failure results from any cause beyond our reasonable control, including, but not limited to, mechanical, electronic or communication failure or degradation.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Termination

We reserve the right to modify any features of the Site at any time without advance notice. In the event either you or TBSL terminates the agreement under these Terms of Use for any reason, you remain liable for any fees incurred before such termination is effective.

TBSL MAY, IN ITS SOLE DISCRETION, TERMINATE OR SUSPEND ACCESS TO ALL OR PART OF THIS SITE (a) FOR RETAILERS AND OTHER USERS, FOR ANY REASON, INCLUDING FAILURE TO COMPLY WITH THESE TERMS OF USE, OR (b) FOR ANYONE, IN ORDER TO PREVENT OR MITIGATE HARM TO THE PERSON OR PROPERTY OF YOU, OTHER RETAILERS OR USERS OF THE SITE, OURSELVES, OR THIRD PARTIES, OR AS REQUIRED BY LAW.

Indemnity

You agree to indemnify, defend and hold harmless TBSL, its affiliates, successors, advisors and licensors, and each of their respective directors, officers, managers, members, shareholders, employees and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or the failure to fulfill any obligation relating to your account incurred by you or any other person using your account, or for any third party claims arising as a result of your use of the Site or reliance upon any information found on the Site. TBSL reserves the right to take over the exclusive defense of any claim for which TBSL is entitled to indemnification under this section. In such event, you shall provide TBSL with such cooperation as is reasonably requested by TBSL.

Equitable Relief

You acknowledge and agree that breach of these Terms of Use will result in irreparable harm that would be difficult to measure and, therefore, upon any such breach or threat of such breach, TBSL shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies TBSL may have at law, under these Terms of Use or otherwise.

Governing Law

These Terms of Use shall be governed by and construed under the laws of the State of California without regard to its or any other jurisdiction’s conflicts of laws principles. Except as set forth in the “Equitable Relief” section above, the sole jurisdiction and venue of any action related to these Terms of Use shall be the California state courts and the United States federal courts in Los Angeles County, California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such courts.

Privacy Policy

Please review our Privacy Policy, which also governs your use of the Site, to understand our practices.

General Provisions

All the terms of these Terms of Use shall apply to and bind your assignees and successors in interest. The waiver by us of any breach or default shall not be deemed to be a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions and portions shall not be affected. The section headings are used for convenience only and shall not affect the construction or interpretation of these Terms of Use.

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This Bar Saves Lives, LLC
Privacy Policy

We understand and respect your privacy concerns. Accordingly, we provide this Privacy Policy to explain how This Bar Saves Lives, LLC (“we” or “us”) collects and uses the personal information you provide to us while accessing our web site (the “Site”). This Privacy Policy also sets forth (i) the measures we take to secure your personal information and (ii) the options you have regarding the use and disclosure of your personal information on the Site. By using the Site, you accept and agree to the terms of this Privacy Policy.

Collection of Information

We collect personal information about you that you provide to us in the following ways:

We also collect non-personal information about your use of the Site through the use of cookies and web beacons. Cookies are small data files that are stored on the hard drive of the computer you use to view a web site. Every computer that accesses the Site may be assigned a unique cookie by us. Web Beacons are graphic image files imbedded in a web page typically used to monitor activity on a web page and send back to its home server (which can belong to the host site, a network advertiser or some other third party) information from your browser, such as the IP address, the URL of the page on which the web beacon is located, the type of browser that is accessing the site and the ID number of any cookies on your computer previously placed by that server.

Use of Information

The information we collect on the Site is used to provide you with a personal and efficient experience while you access the Site. This allows us to streamline your experience to: Make the Site easier to use by filling in previously entered information so that you don’t have to enter the same information multiple times. Introduce you to new content, including new products, features and promotions.

We may also use your purchasing information to generate aggregate reports to help determine how to improve your experience on the Site. This data is anonymous and is used for internal purposes only. We also use personal information obtained from you to communicate with you via email to inform you of promotions, reviews and surveys, and to confirm membership enrollment and purchases made on the Site.

Third Party Access to Information

We may share your personal information with service providers acting on our behalf who are contractually bound to keep such information confidential. For example, logistics services may use your personal information in order to complete a delivery to you. In addition, we may use or disclose your personal information in the good faith belief that we are lawfully required to do so, or that doing so is reasonably necessary to protect you, to comply with legal process or the instructions of legal authorities, to respond to any claims, to enforce our legal rights, or to protect the rights, property or personal safety of ourselves, our employees, you or members of the public. We do not sell or otherwise provide your personal information to any third party except as set forth herein.

Security Measures

We use reasonable security measures in order to protect against the loss, misuse and alteration of any information under our control. All orders made on the Site are transmitted over secure internet connections using Secure Sockets Layer (SSL) encryption technology. We rely on third party providers to physically secure the computer hardware on which your personal information is stored. Only those employees who need access to your personal information in order to perform a function listed herein will have access to such information. The security of your information is of the utmost importance to us, and customary industry safeguards are utilized to ensure such security. However, complete security cannot be guaranteed.

Choices You Have Regarding Your Personal Information

There are several options available to you if you do not want your personal information used by us as provided in this Privacy Policy. You need not register on the Site. If you choose to register, you may correct, update or review any personal information you have submitted through registration by signing in and updating your registration information. If you have registered and no longer want us to use your personal information, you should delete such information from your account. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. If you reject our cookies, certain of the functions and conveniences of the Site may not work properly but you do not have to accept our cookies in order to use the Site.

Opting Out

If you no longer wish to subscribe to emails from us, you may remove yourself from our list at any time by requesting to unsubscribe by directly responded to a subscription email.

Privacy of Minors

This Site is not directed to children. Although we do not specifically seek to obtain any information from children, there are certain areas of our websites that children may visit. We does not knowingly collect personal information from individuals under 13. If individuals under 13 years of age wish to participate in contests or promotions, they must obtain the consent of their parent or guardian. If we find that we have inadvertently collected information from individuals under 13 years of age without parental consent, we will promptly delete that information from our database.

Revisions to Privacy Policy

We may amend this Privacy Policy at any time by posting a revised version on the Site. Any changes will be effective upon such posting unless stated otherwise on the Site. If there are changes that may be important to our users, we will send out notifications using Retailer contact information, or inform you upon your next transaction on the Site. If you do not accept the terms of this Privacy Policy, you are prohibited from becoming a Retailer and using the Site.

California Privacy Rights

California law permits users of the Site who are California residents to request and obtain from us once a year, free of charge, a report on the personal information we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared the information. If you are a California resident and would like to make such a request, please submit your request in writing to the address shown below.

Questions

If you would like to review, or request changes to, any of your personal information collected through the Site, please submit your request per the instructions shown below.

How to Reach Us

If you have questions regarding this Privacy Policy, you may contact us through the Site by clicking on the “Contact Us” link, which will allow you to submit your inquiries directly through the Site.

Effective Date: June 1st, 2013

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