Terms of use

Last Updated: 06/17/2024

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. This Agreement includes your acceptance to resolve any disputes related to Bragg, this Agreement, and your use of the Site by following all the terms and conditions of Bragg’s Agreement to Arbitrate as set forth herein. You also agree to comply with each of the other terms or agreements on this Agreement page that apply to you including Bragg’s Privacy Policy. 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.

  

BRAGG’S SMS/MMS TERMS & CONDITIONS

 

Please carefully read these SMS/MMS Terms & Conditions (the “SMS Terms”). By enrolling or otherwise agreeing to receive text messages from or on behalf of Bragg or by otherwise providing your phone number to Bragg, you agree to these SMS Terms, as well as Bragg’s Terms of Use and Privacy Policy, which are incorporated herein by reference and can be viewed at the links provided here, or at Bragg.com, and by joining, you represent and warrant that you: (i) have the right, authority, and capacity to consent to these Terms in their entirety; (ii) have read, understand, and agree to all of these Terms; and (iii) are over the age of majority in your state of residence.

PLEASE NOTE: THESE SMS TERMS CONTAIN AN ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION AFFECTS HOW DISPUTES WITH BRAGG ARE RESOLVED. YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE SMS TERMS CAREFULLY.

 

In these Terms, “Bragg,”  “we,” “us,” or “our” means Bragg Live Food Products, LLC and any of its subsidiaries, divisions, or affiliates.

 

USERS THAT CHOOSE TO OPT IN

 

Bragg offers a promotional and marketing SMS/MMS Program (“Program”) that allows Users to receive SMS/MMS mobile messages that may be sent using an automatic dialing system, by or on behalf of Bragg, at the cell phone number you provide us. By affirmatively opting into the Program, such as through online or application-based enrollment forms or by voluntarily providing your cell phone number to Bragg, you consent to receive marketing, promotional, transactional, operational, or informational text messages at that phone number, including but not limited to order confirmations; shipping and delivery notifications; special offerings and deals, and general advertising of Bragg’s products. Bragg make’s no guarantee that it has the ability to deliver messages to all mobile carriers and message and data rates from your carrier may apply. Opting in to this Program is not a condition of purchasing any goods offered By Bragg..

 

 

USERS THAT CHOOSE TO OPT OUT

 

To stop participating in the Program, you agree to  reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Program. After texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT, you may receive additional communications confirming that your request has been received and processed, and you may continue to receive text messages for a short period while Bragg processes your request. If you need further assistance, text HELP to the number sending the message or email us at bragg-cs@bragg.com.  By affirmatively opting in to our Program and being subject to these SMS Terms & Condition, you agree that the foregoing options are reasonable methods of opting out, and you agree that you were provided with reasonable and sufficient notice and instructions on how to opt out of the Program, and you 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.

 

ELIGIBILITY, CHANGE IN PHONE NUMBER, AND DUTY TO NOTIFY AND INDEMINIFY

 

By opting into Bragg’s promotional text Program and being subject to these SMS Terms & Conditions or by otherwise providing your cell phone number to Bragg, you warrant that you are the age of majority in your jurisdiction. You further warrant that you are the current subscriber or authorized user of the phone number you have provided.

If you change, sell, transfer, forfeit, or deactivate the phone number you provided to Bragg, you agree to notify Bragg immediately and 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 and failure to do so constitutes a material breach of these SMS Terms & Conditions and Bragg’s Terms of Use.

 

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.

  

Our Disclaimer of Warranty: You acknowledge and agree that we will have no liability associated with or arising from your failure to provide accurate enrollment information, including, without limitation, your failure to receive offers and important information and updates about the Program. If we have reasonable grounds to suspect that the information you provided is untrue, inaccurate, or incomplete, we may suspend or terminate your enrollment in the Program. 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. messages.

 

GOVERNING LAW

 
You agree to submit to the personal jurisdiction of the courts located within Ventura or Los Angeles County, California for the purpose of litigating all such claims or disputes, including without limitation claims made in small claims court. This Agreement shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions.
  


AGREEMENT TO ARBITRATE


You and Bragg agree that any claim or dispute at law or equity that has arisen or may arise between you and us will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it:

  • Mandates the submission of a Notice of Dispute and participating in informal dispute resolution between you and Bragg before a demand for arbitration can be made.
  • Affects your and our rights and will impact how claims between you and us are resolved, including your and our agreement to waive the right to trial by jury.
  • Includes a Prohibition of Class and Representative Actions and Non-Individualized Relief pursuant to which you agree to waive your right to participate in a class action lawsuit against us.
  • Requires you to follow the Opt-Out Procedure to opt-out of the Agreement to Arbitrate by mailing us a written notice that must be postmarked no later than 30 days after the earliest date you accessed and accepted this user agreement for the first time.


If a dispute arises between you and Bragg, our goal is to learn about it and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and Bragg must be reported to customer service online through the Bragg Help Center at any time, or by calling (800) 446 1990 from Mon-Fri 5:00 AM to 10:00 PM PT and Sat-Sun 6:00 AM to 8:00 PM PT.
 
You and Bragg each agree that any and all disputes or claims that have arisen or may arise between you and Bragg, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, that arises from or relates to your use of the Site, your access of any features, services, links and any content on the Site, including from any third-parties, your relationship or interactions with Bragg as an individual consumer or potential consumer of Bragg’s goods, the arbitrability, validity, enforceability, or scope of these Terms of Use or any portion of them (“claim” or “claims”), shall be resolved exclusively through final and binding arbitration or in small claims court. You or Bragg may assert claims in small claims court instead of in arbitration if the claims qualify and so long as the matter remains in small claims court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
 
NOTICES OF DISPUTE
 
Before bringing any dispute or claim, the person making the claim must first send the other party, by certified mail, a completed Notice of Dispute. Any Notice of Dispute to Bragg should be mailed to the following address entitled Bragg Live Food Products, Attn.: Legal Notice of Dispute: 1209 Orange St, Wilmington, DE, 19801.
 
To be valid, the Notice of Dispute must contain all of the following information: (1) the original signature of the person making the claim (electronic or digital signatures are not acceptable), (2) the complete and accurate name, mailing address, email address, and phone number of the person making the claim, (3) a detailed description of the nature and basis of the claim(s) that are being asserted, including a detailed statement of the specific relief sought by the person making the claim(s), and (4) all documents and information available to and in the possession of the person making the claim(s) that supports the basis of the claim(s) and the relief sought. The Notice of Dispute requirements are essential in order to give the parties a meaningful chance to resolve disputes informally.
 
After a valid Notice of Dispute is received by you or Bragg, you and Bragg agree to make a good-faith effort to negotiate the resolution of the claim(s) identified in the Notice of Dispute for at least 60 days or for a longer period as mutually agreed to in writing by you and Bragg (the “Informal Resolution Period”). If you and Bragg are unable to resolve the claims described in the Notice of Dispute within the Informal Resolution Period, you or Bragg may commence an arbitration proceeding or suit in small claims court. You or Bragg cannot file any claim in arbitration before the end of the Informal Resolution Period. If you or Bragg file a claim in arbitration without first mailing a valid Notice of Dispute and then also participating in the Informal Resolution Period, you and Bragg agree that the non-complying party’s claim shall be dismissed and the non-complying party shall be liable to the other party for any damages, costs, and fees, including arbitration fees, attorney fees, and expert fees.
 
Prohibition of Class and Representative Actions and Non-Individualized Relief
 
You and Bragg agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Bragg mutually and expressly agree in writing otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Bragg customers.
 
ARBITRATION PROCEDURES
 
Any arbitration will be administered by the American Arbitration Association (referred to as the "AAA"). For all claims in which the value of the relief sought is $10,000 U.S. dollars or less, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s rules are available at www.adr.org. In the event that the AAA is unavailable to administer the arbitration, another arbitration administrator will be selected by the parties or by the court.
 
Any arbitration hearings shall be held in Ventura County or Los Angeles County, California, unless Bragg expressly agrees, in writing, to use a different location. If the value of the relief sought is $25,000 or less, the arbitration will be conducted based solely on written submissions, unless any party requests an in-person, telephonic, or videoconference hearing or the arbitrator decides that a hearing is necessary. In cases where an in-person hearing is held, you and/or Bragg may attend by telephone or videoconference, unless the arbitrator requires otherwise.
  
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. No court or arbitrator shall be bound by rulings in prior arbitrations involving different Bragg customers, but a court or arbitrator will be bound by rulings in prior arbitrations involving the same Bragg customer to the extent required by applicable law. The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  
COSTS OF ARBITRATION
 
Payment of all AAA or arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines that either the substance of your or Bragg’s claim or the relief sought was frivolous or brought for an improper purpose, then you or Bragg may seek to recover from you or Bragg any fees it paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law.
 
SEVERABILITY
 
With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) may be severed from arbitration and the other parts of this Agreement to Arbitrate shall still apply. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms.

  

OPT-OUT PROCEDURE
  
You can choose to opt out of the Agreement to Arbitrate by sending us by certified mail a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time. For the sake of clarity, the date you accept this user agreement is the earliest date you visited, accessed, viewed, or used our Site. You must mail the opt-out notice to Bragg Live Food Products, Attn.: Opt-Out Notice of Agreement to Arbitrate: [insert address of the company’s registered Agent]. For any opt-out request to be valid, it must include your name, address, phone number, the email address(es) used by you to interact with the Site or interact with Bragg in any way, and you must sign the opt-out notice for it to be effective (electronic or digital signatures are not acceptable). This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of this Agreement to Arbitrate, all other parts of the user agreement will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

 

CHANGES TO THE SMS TERMS

 

These SMS Terms may be updated by Bragg at any time without prior notice. By continuing to be enrolled in any Bragg promotional text messaging program, or by providing your cell phone number for transactional, operational, or informational text messages, you agree to any changes. Updates to these SMS Terms do not provide you with a new opportunity to opt out of arbitration.