TERMS & CONDITIONS
Last Updated: December 21, 2017
Thank you for visiting our site (this “ Site ”)! This Site is operated by Just Add Manufacturing (“ Company ,” “ we ,” “ us ” or “ our ”) and allows you to: (a) participate in interactive features that we may make available such as, but not limited to, learning about our Just+Add Beer Sauce and Marinade Mix and other products (“ Product ”); (b) register as a user of the Site; or (c) simply view or browse this Site. These Terms and conditions (these “ Terms and Conditions ”) govern your use of this Site, and your agreement is a condition of using the Site.
Binding Effect; Modifications to these Terms and Conditions.
This is a binding agreement. By using the Site or any services provided in connection with the Site, you agree to abide by these Terms and Conditions, as they may be amended by Company from time to time. Company reserves the right to make changes to these Terms and Conditions at any time and from time to time. You will be notified via email of any material changes to these Terms and Conditions. Such changes, modifications, additions, or deletions shall be effective when specified in the relevant notification to you or, if the change is immaterial, immediately upon posting on the Site. Any use by you of the Site after such revisions shall conclusively be deemed to be acceptance by you of such changes, modifications, additions, or deletions. You agree to review these Terms and Conditions periodically to be aware of such revisions. If at any time you find these Terms and Conditions unacceptable, you must immediately leave the Site and cease all use.
Age Requirements for General Use of Site.
Subject to the following section on “Age Requirements for Purchases,” registration and participation on the Site is restricted to those individuals at least 13 years of age.
We are a general audience site and do not direct any of our content specifically at children under 13 years of age. By using this Site, you affirm that you are at least 13 years of age. If you are under 13 years of age, do not use the Site. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is not at least 13 years of age, we will promptly delete any personal information in that user’s account.
Age Requirements for Purchases .
YOUR PURCHASE OF OUR PRODUCTS WILL BE PROCESSED THROUGH JUSTADD.BEER AND IS THEREFORE SUBJECT TO THE TERMS AND CONDITIONS AND PRIVACY POLICIES STATED HEREIN.
Modifications to the Site.
Company shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Site including, but not limited to, the content, Products, hours of availability, and technological requirements needed for access or use. Company shall use its reasonable endeavours to ensure that confirmed orders for Products are not affected by any change or discontinuation made in accordance with this paragraph.
Copyrights, Trademarks and Other Proprietary Rights.
When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit to us.
All content on the Site, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire contents of the Site are copyrighted as a collective work under the applicable copyright and other intellectual property laws and Company owns the copyright in the selection, coordination, arrangement and enhancement of such content.
All trademarks appearing on the Site are the property of their respective owners, including, in some instances, Company, and/or partner companies. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
You may print or have printed by any third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from the Site without the express written permission of Company and the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Accessing the Website and Account Security.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for:
● Making all arrangements necessary for you to have access to the Site.
● Ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.
If you choose a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security, including but not limited to, if you lose your username or password. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if you have violated any provision of these Terms and Conditions.
Communications to the Site; License to Company.
You hereby grant to Company a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display (in whole or in part) and/or to incorporate in other works in any form, media, or technology now known or later developed, all communications, including but not limited to all product reviews, remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site (“ User Content ”), whether by email, uploading or otherwise. You will not be compensated for any User Content. By sending User Content to us, you warrant and represent that you own the rights to the User Content or are otherwise authorized to distribute, display, perform, transmit, or otherwise distribute User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content.
Prohibited Activity on the Site.
You agree not to use any device, software or routine to interfere with the proper functioning of the Site. You further agree not to use any software, tool, data, device or other mechanism to navigate or search the Site other than the search engine provided by Company or generally available browsers.
You are solely responsible for the content and context of any materials or information you submit through the Site. You warrant and agree that, while using the Site, you shall not upload or transmit to the Site any materials which: ○ are unlawful, harmful, defamatory, threatening, harassing, obscene, vulgar, hateful, abusive, profane, or invasive of a person’s privacy; ○ restrict or inhibit any other user from using and enjoying the Site; ○ constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; ○ solicit personal information of/from others; ○ contain a virus or other harmful component; ○ contain advertising of any kind, including but not limited to, chain letters, pyramid schemes, solicitations or other advertisements; ○ contain false or misleading indications of origin or statements of fact; ○ include information you are not authorized to disclose (including trade secrets or inside information about a company); ○ infringe any third-party rights, including rights under copyright, patent, trademark or trade secret, or any rights of privacy or publicity; ○ impersonate any person or entity, including, without limitation, any owner or manufacturer of any product; or ○ Company, in its sole direction, otherwise determines to be offensive.
Company reserves the right to preserve any material it receives from you and will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of, help identify, or locate anyone transmitting any such content.
Monitoring; Copyright Complaints.
You agree that Company has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site. If notified, Company may investigate an allegation that content transmitted to us is in violation of these Terms and Conditions and determine whether to have the communication removed. However, Company is under no obligation to remove content and assumes no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
Products offered via Justadd.beer or other retailers such as Amazon.com are offered subject to availability. We reserve the right to change, limit, refuse or cancel any order you place with us, subject to JustAdd.Beer, Amazon.com or other retailers. Terms and
Conditions and Privacy Policies. In the event we make a change to or cancel an order, we will attempt to notify you by contacting you through your retailer’s account information.
Notwithstanding anything herein to the contrary, you agree that any formal payment dispute lodged with any bank, merchant services provider, credit card or payment card company, or any third party discount provider shall be invalid unless: (x) you notify
Company within ten (10) days from date of the applicable transaction that you wish to dispute any charge relating thereto; and (y) that you have made reasonable, good faith efforts to resolve such dispute with Company directly, and such efforts have failed. You can e-mail details regarding your dispute to email@example.com.
If you have any questions or concerns when placing an order or if you wish to inquire about a previously placed order, please send an inquiry via JustAdd.Beer, Amazon.com or other retailers.
Returns are processed through JustAdd.beer, Amazon.com or other online retailers, subject to their return policy. Company accepts returns and exchanges of unused
Products in brand new condition, or defective Products, returned to us within fourteen (14) days of your receipt of the Products as reflected by the carrier’s recorded date of successful delivery. You bear the cost of return shipping costs, unless the Products are defective or the Products received were not the Products ordered.
Third Party Sites.
Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Company is not responsible or liable for any damages claimed in connection with content or products available from such external sites.
Disclaimer of Warranty; Limitation of Liability.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; THE SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOST PROFITS, LOST DATA, AND CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Exclusions and Limitations.
Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.
You agree to indemnify, hold harmless and, upon request, defend Company and its respective directors, officers, employees, agents, and members from and against all claims and expenses, including attorneys’ fees, arising out of or relating to your browsing or use of the this Site, content you transmit to us, your violation of any rights of another, or your breach of these Terms and Conditions, except to the extent arising from Company’s negligent act or omission. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Company.
Governing Law and Venue.
These Terms and Conditions shall be governed by the laws of the State of California, without respect to its conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction of the state and federal courts in Los Angeles County, California in all disputes arising out of or related to the use of the Site.
If legal proceedings are commenced to enforce any of the provisions of these Terms and Conditions, or any rights existing hereunder, in addition to any damages which may be claimed, the prevailing party shall be entitled to an award of costs and reasonable attorneys’ fees incurred by it in connection with the prosecution or defense of such action.
Site Operation .
The Site is hosted in New York, NY and operated by Company from based in
California. Company makes no representation that any of the materials or the services to which have been given access are available or appropriate for use in other locations
California and New York. Your use of or access to the Site should not be construed as
Company purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California and New York.
The Site may not be maximized for use on all devices or in conjunction with third party software and operating systems.
If you have any questions or comments regarding these Terms and Conditions or the
Site, please feel free to contact us by email at firstname.lastname@example.org