TERMS AND CONDITIONS as of August 15, 2020
Availability, Errors, and Inaccuracies: We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Online Orders: When you order online order with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account and/or online order on the Service. You are responsible for maintaining the confidentiality of your own account and/or online order information, including but not limited to the restriction of access to your computer and/or account information, online purchase history, passwords, etc. You agree to accept responsibility for any and all activities or actions that occur under your account and/or online purchase history, whether your order is placed with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account and/or in connection with any online purchase on the Service. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders and Promotions on the Service (including Rewards) in our sole discretion.
Copyright Policy: We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims." You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad faith claims on the infringement of any content found on and/or through the Service on your copyright.
DMCA Procedure for Copyright Infringement Claims: You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by mail to 830 S. Locust Ave. Fayetteville, AR 72701 by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Intellectual Property: The Service and its original content, features, and functionality are and will remain the exclusive property of Shake Brands Corp. and its affiliates and licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of firstname.lastname@example.org.
Links to Other Web Sites and Quizzes: Our Service may contain links to third party web sites or services that are not owned or controlled by our Service. Shake Brands Corp. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or websites. You acknowledge and agree that Shake Brands Corp. will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit linked to the Service including digital forms or questionnaires (“Quizzes”) made available on the Service by third-party plug-ins. Please note that the results displayed by Quizzes may not be 100% accurate, correct and/or complete and that they are intended solely for general information and education purposes. Quizzes should NOT be considered as a substitute for any professional medical service or advice and whenever you consider necessary, you should refer to a specialist for appropriate and personalized information about any health questions or issues you may have. Please note that only a licensed professional has the authority to officially diagnose and assess an individual in regard of any health aspects. The Service hosting this application is in no way liable of any actions which might be taken by participants.
Termination: We may terminate or suspend your account (including access to loyalty programs, certain Promotions and Rewards) and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Indemnification: You agree to defend, indemnify and hold harmless Shake Brands Corp. and its affiliates, licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service (by you or any person using your account) with respect to an online order and password, or b) a breach of these Terms. Limitation Of Liability: In no event shall Shake Brands Corp. or its directors, employees, partners, agents, suppliers, affiliates or subsidiaries, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
General Disclaimers: Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Shake Brands Corp., its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Not Medical Advice: The Service many contain general information about health and nutrition. None of the information is advice and should not be considered or treated as a substitute for advice from a healthcare professional. The contents of the Service are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition. You must not rely on information contained on the Service as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition you should seek medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information contained on the Service, none of which information is intended to be a substitute for medical diagnosis, advice or treatment. If you are considering making any major changes to your lifestyle, you should consult with your doctor or other healthcare provider before doing so. Neither the Service nor its representatives are providing any medical advice, and none should be inferred, from any ideas, suggestions, or other information set forth on the Service. Note: some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
Product Warnings: Follow directions on the label for each individual product SKU. Keep all products in a cool, dry place. Keep container tightly closed. Keep out of reach of children.
Governing Law: These Terms shall be governed and construed in accordance with the laws of Arkansas, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is considered material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.