Terms of use

Last Updated: 2/14/2020

This Terms of Use Agreement (this "Agreement") is a legal agreement between you and Bragg Live Food Products, LLC (hereinafter “Bragg”, “we”, “our”, or “us”) that governs your access or use of any portion of our website and the products, information and services made available to you when you visit our website (the “Site”). If you use our Site on behalf of another person or entity, then (a) all references to “you” and “your” throughout this Agreement will include that person or entity, (b) you represent that you are authorized to be bound by the terms of this Agreement on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates this Agreement, that person or entity agrees to be responsible to us. By using or accessing the Site, you agree to be legally bound by this Agreement. Immediately discontinue use of the Site if you do not agree to all the terms of this Agreement.

Updates to this Agreement and the Site

We may revise or otherwise update this Agreement at any time. We encourage you to periodically review this Agreement to see if there have been any changes. Please check the date "Last Updated" at the top of this page. Changes to this Agreement are effective immediately, and your continued use of the Site represents your continued consent to be bound to this Agreement as revised. We may also make improvements or changes to the Site, or changes or improvements to the offerings on our Site, from time to time at our discretion, and we may do this at any time without any notice or liability to you or any other person.

Unauthorized Uses

While using our Site, you must comply with all applicable statutes, orders, regulations, rules, and all other laws. You may not use our Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with our Site. By way of example, without limitation, you may not (and you expressly agree, represent and warrant that you will not) do any of the following:

  • Violate our Intellectual Property rights (defined below) or those of any third party;
  • Sell, resell, rent, license, sublicense or otherwise use any of the content or Intellectual Property on this Site to commercially profit or receive compensation or consideration of any kind;
  • Engage in speech that is threatening, abusive, harassing, defamatory, pornographic, discriminatory, vulgar, profane, libelous, violent, fraudulent, tortious, or otherwise objectionable, including unauthorized or unsolicited advertising;
  • Reproduce, duplicate or copy any portion of this Site;
  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity or express, or imply that we endorse you or any statement you make;
  • Violate or attempt to violate the security of our Site;
  • Disseminate any viruses, worms, spyware, adware or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage, change, hijack or monitor the Site or any of our software, hardware or equipment;
  • Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, to collect any information from our Site;
  • Assist any persons in violating this Agreement or applicable statutes, orders, regulations, rules, and other laws governing the use of the Site.

Intellectual Property Rights

All content ("Intellectual Property") available through the Site is protected by copyright laws, trademark laws, trade-secret laws, trade-dress laws, trade-name laws, unfair competition laws, and other laws protecting proprietary content. You acknowledge that all copyrights, trademarks, service marks, patents, trade-dress, look and feel, designs, layouts, logos, taglines, scripts, tutorials, artwork, and all other intellectual property or other proprietary rights of any type in and to the Site, and all modifications, derivative works, or copies, of the Site (or any portion thereof) regardless of who made them, shall remain the sole and exclusive property of Bragg. Bragg does offer a revocable, limited, non-exclusive license for certain uses of its Intellectual Property, subject to the following agreement, which is wholly incorporated as part of this Agreement by reference as if fully set forth herein, accessible here.

User-Submitted Information

You are solely responsible for any information you provide us, and you agree, represent and warrant that any and all information you transmit through our Site or to us by any other means is truthful, accurate, not misleading and offered in good faith, and you agree, represent and warrant that you have the right to submit, upload, provide or share such content. You also agree not upload, post or otherwise make available any content protected by copyright, trademark or other proprietary right of any third party (unless you have express written authority), and you shall be solely liable for any damages or any other harm resulting from the same.

By submitting any content to us (“User-Submitted Content”), other than personally identifiable information or bank account information related to payments made in connection with the purchase of our products or services, you grant to Bragg (or warrant that the owner of such content has expressly granted to Bragg) a royalty-free, perpetual, irrevocable and unrestricted right and license (a) to use, reproduce, display, modify, adapt, publish, translate, transmit, distribute or otherwise make available to others such User-Submitted Content (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed; (b) to exercise all copyright, trademark, publicity, privacy and other proprietary rights with regard to such User-Submitted Content; and (c) to use your name, likeness and/or other information in any and all media and/or communications. You also agree that the Bragg is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose.

User-Accounts

If you have set up an account with Bragg, you agree to accurately maintain and update any information about yourself and your account. You further agree that you are responsible for all activities that occur under your account, and you explicitly acknowledge that you are solely responsible for maintaining the confidentiality of your login credentials and the security of your account. You also agree to notify us of any unauthorized use of your login credentials or any other breach of security that you become aware of by emailing us at info@bragg.com.

Third-Party Content and Links to Third-Party Websites

Any information, statements, opinions or other material provided by third parties and made available on our Site, including without limitation all links to any third-party websites (“Third-Party Content”), are not warranted by Bragg, and Bragg makes no guarantees about the validity, accuracy, truthfulness, completeness, or reliability of any Third-Party Content on our Site or any Third-Party Content contained on third-party websites made available by links on our Site. Under no circumstance will Bragg be liable for any loss or damage caused, directly or indirectly, by your reliance on any such Third-Party Content. If you decide to visit any linked website, you do so at your own risk. Bragg does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon.

Social Media Pages

We may maintain a presence on social media websites, including without limitation, Facebook, YouTube, LinkedIn, Twitter and other social networking sites (collectively, "Social Media Pages"), to share information about our products and services. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect the opinions or ideas of Bragg, and we reserve the right to remove postings that we determine are inappropriate.

Notice of Copyright Infringement

If you believe that any Content on our Site infringes upon any copyright which you own or control, you may send a written notification, containing the information required under 17 U.S.C. §512(c)(3), to our designated copyright agent at info@bragg.com.

Other Policies and Terms

This Agreement applies to your access to and use of the Site and does not alter in any way the terms or conditions of any other agreement or obligation you may have with Bragg. Any such additional policies and terms that apply to the use of all or portions of the Site are hereby incorporated by reference into this Agreement as if set forth fully herein. Please refer to and review all additional specific terms and conditions as applicable, including Bragg’s Privacy Policy, accessible here.

Minors Must Obtain Necessary Consent

If you are under 18 years of age (or the age of legal majority where you live), use of our Site is prohibited unless you have the permission of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of the minor, including any breach of this Agreement. If you are a user that is not located in the US, you represent and warrant that you are: (a) at least the minimum age required to legally enter into a contract in your jurisdiction or (b) have consent from a parent or legal guardian to use this Site. Regardless of jurisdiction, you further represent that you are legally and mentally competent to agree to these terms.

Disclaimers, Indemnity & Limitation of Liability

Our Site is provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement or for damages of any kind arising out of the inability to use the Site or the Site’s features. You agree that Bragg will never be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits—and Bragg shall not have any liability or responsibility for any acts, omissions or conduct of any user or other third-party. You agree to indemnify and hold harmless Bragg from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of your breach of any provision of this Agreement or your activities in connection with the Site. If any portion of these disclaimers or limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Bragg shall not exceed one hundred dollars ($100).

Consent to Communication

If you provide us with a telephone number, email address, postal address, or other form of contact information, you expressly agree and consent that we, or our authorized service providers, can use that information to contact you. This means you also consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

Effect of Invalidity

In the event a court having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of this Agreement shall remain effective.

Waivers

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Relationship of the Parties

Nothing in this Agreement shall be construed as representing that one is an agent or employee of the other. Also, nothing in this Agreement creates an affiliation between you and Bragg or an endorsement or sponsorship of you by Bragg of any kind.

Governing Law

Any dispute concerning this Agreement will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

Termination

Bragg may suspend, limit or terminate all or a portion of your access to the Site at any time with or without notice and with or without cause, including without limitation, if Bragg believes that you have violated or acted inconsistently with the any of the provisions of this Agreement. All limitation of liability and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.