This Agreement (“Agreement”) is an agreement between you and Barebones Ventures LLC, (“Bare Bones”) that states the terms and conditions under which you may use the Site and receive orders from Bare Bones, including processing and delivery of product orders. Your use of the Bare Bones ordering service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, please do not use the Site or the Bare Bones ordering service.
If you have any questions about this Agreement or the Site please send us an email: firstname.lastname@example.org
Placing Orders. Orders may be placed online through our secure website. Please be sure to include your full name, business name (if applicable), phone number, email address, and street address, so that we can contact you with any questions and update you with the shipping and tracking information for your orders.
Process Time. Bare Bones strives to process and ship out orders within one business day of receipt of payment. Fulfillment and shipping times vary based on the size of the order and the distance to the destination.
Subscription Orders. As a thank-you to our most loyal customers, Bare Bones offers a discount in exchange for their commitment to receive auto-shipments. The discount is 20% off the first shipment, and 10% off subsequent shipments.
Subscriptions are a three-order minimum as agreed to by customer before the first shipment. This term is non-negotiable. Customers may choose the products and frequency with which they would like to receive them, and change these at any time. All customers will receive an automated email no fewer than two (2) days before their next subscription order is generated and processed, giving them the option and instructions on how to make changes, skip or cancel. Skips and cancellations must take place before the order is generated. Subscription orders cannot be cancelled or skipped after they are generated.
Cancellation and Order Change Policy. Once an order has been shipped, no cancellations are possible. Similarly, if you wish to add to your order, Bare Bones reserves the right to treat any additions as a second order incurring additional shipping charges. Subscription orders cannot be cancelled or skipped after they are generated.
Returns. While we do not accept returns for food products, we will issue credit for products that are damaged en route to their destination. To seek credit, please email or call us with the following information:
- Order number
- Damaged product item description
- Condition of damaged product upon arrival
- Date and time package was received
Thank you for your cooperation and understanding.
Product Availability. We produce our broths in small batches while maintaining the highest standards to assure you the highest quality products. If for some reason we are unable to ship all or part of any order, our liability will be limited to those amounts paid under this Agreement.
Flat Rate & Free Shipping. To improve your shopping experience, Bare Bones provides flat rate and free shipping options. Standard shipping is offered at a flat rate of $5.99 for all orders totaling less than $44.00 (before shipping). On all orders of $44.00 or greater, free standard shipping is provided. While we process and ship out orders within one work day of receipt, we cannot guarantee the timeframe or parcel arrival date for any shipping method.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of food, beverage and supplement products sold by Bare Bones.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and
have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and 317 LABS, INC. or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in San Diego, CA before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Bare Bones’ principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
OTHER TERMS AND CONDITIONS
Product Information. We make every effort to provide you with accurate information that is complete, reliable, current, or error-free. If a product offered by Bare Bones is not as described, your sole remedy is to contact Bare Bones for a refund.
Electronic Communications. By providing your email to Bare Bones, you consent to receive communications from us electronically. Bare Bones may send occasional emails about changes to its services, newsletters or special offers. If you would like to opt-out of receiving such emails please click "unsubscribe" at the bottom of any email from us, or send us an email stating that you do not wish to receive promotional communications. If you do opt-out, you will continue to receive non-promotional communications regarding the status of your orders or your account.
License and Proprietary Rights Copyright and Ownership. All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Barebones Ventures, LLC. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with Bare Bones for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Bare Bones, is strictly prohibited. You acknowledge that Bare Bones remains the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Bare Bones reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Bare Bones.
60-DAY SATISFACTION GUARANTEE
We guarantee the quality of all of our products. When you order from Bare Bones, you are assured that our products are of the highest quality. We ask that you notify us of problems or dissatisfaction within 60 days of the receipt of your order. In no event will any replacement or refund constitute an admission of any kind by Bare Bones. We reserve the right to fully investigate claims that we believe may be unfounded or fraudulent.