TERMS & CONDITIONS
Terms & Conditions
Last updated: September 9, 2020
Welcome to the website ("Site") of Better Brownie Bites, LLC (“we”, “us”, “our” or “B.T.R. Bar”). Please review the following terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement"). If you do not agree to these Terms, you may not access or use the Site or order, receive, or use the meals , products, or content made available through the Site (collectively, the “Products”).
We reserve the right to change or modify these terms at any time and in our sole discretion. Such changes or modifications will be effective immediately upon notice, which may be posted as a modified agreement on the Site with an updated “Last updated” date, or sent out via email. By using the service or making a purchase, this constitutes your agreement to follow and be bound by the terms and conditions. You are creating a binding agreement with B.T.R. Bar. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.
While we make reasonable efforts to ensure that the site remains available at all times, we do not represent or warrant that access to the site will be error-free or uninterrupted, or without defect, and we do not guarantee that users will be able to access or use the site, or its features, at all times.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site, or any part thereof, with or without notice.
The site may contain typographical errors or inaccuracies, including relating to price, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice, even if your order has already been accepted or processed.
You must be at least thirteen (13) years old to use the site. By using the Service, you represent that you meet this minimum age requirement.
NUTRITION AND ALLERGY DISCLAIMER AND LIABILITY WAIVER
You should always consult your doctor before making any changes to your health regime--including starting or using B.T.R. Bar products. By using B.T.R. Bar products or services, you acknowledge that you are doing so at your own risk, and have consulted with your doctor or other health professional about your diet change.
Please note our facilities process and regularly use nuts, dairy, soy, wheat, and other tree nuts. We do our best to accommodate allergies, but do not provide a product for people with medically-necessitated diets or severe allergies.
PRICING AND AVAILABILITY
All prices are shown in U.S dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with our various subscription plans, we will provide you with advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes.
PAYMENTS, BILLING AND PROMOTIONS
Payment is due upon purchasing your product. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. You acknowledge that the amount billed may vary due to promotional offers, preferences you select, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
All sales are final. Refunds are not permitted. However, if you have a question or concern, please email us at email@example.com.
In order to change the shipping/billing address, you must contact us within 6 hours of making the purchase.
We may decline an order, for any reason or no reason, and subject to a refund, may cancel an accepted order at any time.
PROMOTIONS, REFERRALS, AND DISCOUNTS
If you are using a promotion or a discount code, please enter it at checkout to receive an immediate discount. Only one promotion or discount code may be used per order. Promotion or discount codes may be used on already discounted products, however we reserve the right to cease this practice at any time without notice. Holiday and other special promotions may, at the option of B.T.R. Bar, carry specific terms and conditions, and we reserve the right to create, amend, and enforce said terms, conditions, and restrictions.
SHIPPING, HANDLING, AND DELIVERY
You agree to pay any shipping, handling, and delivery charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate these charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase.
DELIVERY & LOGISTICS:
Current Delivery Area
We sell and ship products to every state in the U.S. Requests for shipments to U.S. territories and internationally can be made via email. Please email us at firstname.lastname@example.org.
We will notify you via email should there be a change in delivery schedule due to holidays. Please see more details in Shipping FAQs.
Title and risk of loss for any purchases pass to you upon our delivery to the carrier. We generally ship Products using USPS or other national carriers within 1-2 business days of an order. Delivery is typically within 3 business days.
We recommend that all items be secured immediately upon delivery. If shipped to an address (other than a P.O. Box) you are responsible for arranging for an individual to be present at the time of delivery and for the Products to be properly received and secured. Any individual at the delivery address who accepts delivery is conclusively presumed to be authorized to receive the delivery. We are not responsible should such an individual not be authorized to accept such delivery. You agree that your sole method of recourse for unauthorized delivery resides with the carrier of your order. We are not responsible should you enter any incorrect or inaccurate destination data in your order. If no one is present at the designated location, your shipment may be placed at the designated destination at the discretion of the carrier.
Weather & Traffic Allowances
Our delivery partners do their best to get your products to you in a timely manner. Still, they run into delays due to weather, traffic and other factors that are outside of their control.
DISCLAIMERS & LIMITATION ON LIABILITY:
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT BETTER BROWNIE BITES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND OUR SERVICES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD BETTER BROWNIE BITES, ITS EMPLOYEES, OFFICERS, BOARD OF DIRECTORS, CONSULTANTS, AGENTS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING COSTS AND ATTORNEY’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE AND OUR SERVICES.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are protected by copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed to Better Brownie Bites, LLC. collectively, its subsidiaries and/or affiliates. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Better Brownie Bites. Better Brownie Bites may prosecute infringement to the full extent permitted under applicable law.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to B.T.R. Bar on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain B.T.R. Bar property. Such disclosure, submission or offer of any Comments shall constitute an assignment to B.T.R. Bar of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, B.T.R. Bar will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. B.T.R. Bar is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain, in the sole opinion of B.T.R. Bar or its representatives, libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that B.T.R. Bar may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that B.T.R. Bar may use your information for marketing and promotional purposes.
B.T.R. BAR COMMUNICATIONS TO YOU
You agree that B.T.R. Bar may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any B.T.R. Bar products or services, or for such other purpose(s) as B.T.R. Bar deems appropriate. You have the option to opt-out of marketing communications.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which B.T.R. Bar does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. B.T.R. Bar is not responsible and shall not be held liable for the use of any such content.
From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
This Agreement is effective unless and until terminated by either you or B.T.R Bar. B.T.R. Bar may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in B.T.R. Bar's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or B.T.R., you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.