SECTION 1 – OVERVIEW
This website (“Site”) is operated by Sunbliss Superfood, LTD. (“Sunbliss Superfood”). Throughout the Site, the terms “we”, “us” and “our” refer to Sunbliss Superfood. Sunbliss Superfood offers this Site, including all information, tools, events, products, and services available from this Site (“Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies, limitations, and notices stated here, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Terms of Service”). By visiting, accessing, or using any part of our Site and/or purchasing something from us, you engage our Services and agree to be bound by the Terms of Service, so please read these Terms of Service carefully before accessing or using any part of our Site. If you do not agree to all the Terms of Service, then you may not access the Site or use any Services. Your breach or violation of any of the Terms of Service may result in immediate termination of your access to the Services.
This Site and the Services are intended for adults. By accessing or using the Site and agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and in California that you are over age 16. If you are the parent or guardian of a minor that you have authorized to access this Site, you certify that you have given your consent to allow said minor dependents to use this Site and the Services.
SECTION 2 – CHANGES TO THE TERMS OF SERVICE
Any new services, features, or tools which are added to the current Site shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 3 – OUR CONTENT/INTELLECTUAL PROPERTY
All content, features, and functionality provided by us on the Site are owned or licensed by Sunbliss Superfood and protected by copyright, trademark, and other proprietary and intellectual property rights. You may access the Site or use the Services for your own personal, non-commercial use only. You agree not to reproduce, duplicate, copy, store, display, perform, distribute, create derivative works from, sell, resell or exploit any portion of the Site or Services, use of the Services, or access to the Services or to any contact on the website through which the Services are provided, without express written permission by us. You may not use any of our trademarks, service marks, trade dress, trade names or the like without our express authorization.
The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. We reserve the right to modify the contents of this Site at any time, but we disclaim any obligation to ensure that all information provided is accurate, complete, or current at any given time. Any opinions or statements by or attributed to third parties on the Site are their own. Any reliance on the material on this Site by you is entirely at your own risk and we will not be liable for any such reliance.
SECTION 4 – THIRD-PARTY LINKS, MATERIALS, AND SERVICES
Certain content, information, products, and services available via our Site and Services may include materials from third parties. For example, we may provide you with access to optional third-party tools over which we have no control or input. You acknowledge and agree that we provide access to any such tools as a convenience only, and that such tools are provided by us on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. Any use by you of optional third-party tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s). We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any Subject Matter Expert (SME) listed on our Site are independent contractors. As such, SME’s are the providers of their own services through their own independent businesses and Sunbliss Superfood is not responsible for their provision of services to you. Sunbliss Superfood provides contact information for these SME’s for your convenience in contacting them. Sunbliss Superfood requires that designated Sunbliss Superfood SME’s demonstrate sufficient experience and knowledge of the Sunbliss Superfood products and that they comply with our brand license guidelines, but each SME determines her or his own business methods. Please contact us at support@Sunblisssuperfood.com to provide feedback or comments regarding any independent contractor’s services.
We work with several third parties to facilitate the purchase and delivery of our products and Services to you, including this Site. Our online store, available via the “Shop” subdomain of our Site, is hosted by WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products to you.
Some third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of products or information provided on such sites, and we do not warrant and will have no liability for any third-party websites, nor for any materials, products, or services of third-parties provided thereby. We are not liable for any harm or damages related to your purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction there. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 5 – USER-SUBMITTED CONTENT
To the extent we offer any feature on the Site for Site users to post content that is visible to other Site visitors, including any discussion board or user forum for comments (“Comments”), you agree that any Comments or other content you submit or post will not violate any right of any third-party, including copyright, trademark, privacy, publicity 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 or Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party. We may, but have no obligation to, monitor, edit or remove Comments or other content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates our publication standards or any party’s intellectual property rights or these Terms of Service.
You maintain any intellectual property rights you may have in any Comments or other content you post on our Site, subject to the following license: By posting, uploading or otherwise submitting for publication any Comments or other content on our Site or Services, you grant Sunbliss Superfood and our affiliates a non-exclusive, worldwide, perpetual, royalty-free, transferrable license, with the right of sub-license, to use, reproduce, publish, distribute, display, transmit, and create derivative works from such Comments and other content, for any purpose, in any medium, without compensation, attribution, or other obligation to you. You agree not to submit any Comments or other content unless you have the right and agree to grant us such license for its use.
If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials to us, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we shall own all rights, title and license to any Feedback, and therefore may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you provide to us. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
SECTION 6 – PROHIBITED USES OF THE SITE OR SERVICES
In addition to any other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content or the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, the Services, any other websites or the Internet or do harm to the devices of any Site users; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape or otherwise repurpose any Site or Services content; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or Services. We reserve the right to terminate your use of the Services or any related website for engaging in any of the prohibited uses.
SECTION 7 – REGISTRATION/PERSONAL INFORMATION
In order to access certain parts of the Site or Services, you may be asked to register or create an account by providing certain personal information. It is a condition of use of these parts of the Site and Services that all information you provide be accurate, current, and complete. Your submission of personal information through the Site is governed by our Privacy Policy. To view our Privacy Policy, please visit (insert link to Sunbliss Privacy Policy here)
It is your obligation to keep any login or account credentials secure from unauthorized use and not to share any login information with any third party. You agree to notify us immediately of any breach of security related to your account credentials, including any unauthorized access to or appropriation of your username or password. We maintain the right to disable the use of any username or to force reset of any password for security or other reasons.
SECTION 8 – ONLINE STORE TERMS
We have made every effort to display as accurately as possible the colors and images of our products that appear in the online store, but colors as displayed on your computer monitor may vary. We do not warrant that the appearance or quality of any products, Services, or other materials purchased or obtained by you via our Site will meet your expectations. You acknowledge that although we endeavor to be as accurate as possible, occasionally there may be information on our Site or Services that contains typographical errors or inadvertent inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, and we reserve the right to correct these errors when discovered. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion.
Our Return Policy, available on our Shop pages, governs all product returns and exchanges for the online store. Certain products or Services may have limited quantities and/or be subject to limited return or exchange only, according to our Return Policy.
Please see our Shop and Cart pages regarding shipping to view our current shipping policies for Shop products, including information about where we ship. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. You may not use our products for any illegal or unauthorized purpose, and you are responsible for ensuring your compliance with the laws in your jurisdiction as they may relate to the purchase or use of any products offered on our Site or via our Services. Any offer for any product or Service made on this Site is void where prohibited.
We reserve the right to refuse any order you place with us, or to discontinue any product at any time. We reserve the right to limit, prohibit, or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may also limit the quantities of any products or Services purchased per person, per household or per order in our sole discretion. These restrictions may include orders placed by or under the same customer account, with the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our online store. You agree to promptly update your account and other information for any changes, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 9 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Site, Services, and all products and Services delivered to you through the Site and Services are (except as expressly stated otherwise by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, and Sunbliss Superfood disclaims any and all implied warranties including merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of our Site or Services will be uninterrupted, timely, completely secure, or error-free. You acknowledge that from time to time the Site or Services may be unavailable for indefinite periods of time for maintenance or other purposes, without prior notice to you.
In no case shall Sunbliss Superfood, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Site, Services, or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility, and in no event will the aggregate liability of Sunbliss Superfood arising from, relating to, or in connection with your use of the Site, Services, or any products exceed the greater of the amount paid to us for such products or Services or $50. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages as a category or for limitation of liability for consequential or indirect damages resulting from gross negligence or willful misconduct, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 10 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sunbliss Superfood and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made against us by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
SECTION 11 – TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. We may terminate these Terms of Service, and thus terminate your access to the Site and Services, at any time without prior notice if, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes, including any payment amounts owing by you at the time of termination.
SECTION 12 – ENTIRE AGREEMENT
These Terms of Service, including any Addenda and any policies or operating rules posted by us on this Site or in regard to the Services, constitutes the entire agreement and understanding between you and us governing your use of the Site and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 13 – GOVERNING LAW, WAIVER, CONSTRUCTION, SEVERABILITY
These Terms of Service shall be governed by and construed in accordance with the laws of California.
Any failure on our part to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver by us of such right or provision.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@sunblisssuperfood.com.