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Terms & Conditions

IAMBAR, LLC. ("I AM Bar") provides iambar.com (the "Website") as a service to its customers and other interested parties (“The User”). By using the Website, The User agrees to be bound by these Terms of Use. I AM Bar may change these Terms of Use, at I AM Bar’s sole discretion and without advanced notice to website user.  The User’s continued use of the Website following the posting of such changes will constitute The User’s assent to all such changes. It is the responsibility of customers and other interested parties to periodically visit this section of the Website to review the current version of these Terms of Use.

 

SECTION 1: GENERAL PROVISIONS



USE OF INFORMATION AVAILABLE ON THE SITE

The User acknowledges that I AM Bar reserves the right to modify, revise or discontinue the Website, or any features, functionality or services provided as part of or in connection with the Website, without prior notice.

Unless otherwise noted, all information or materials contained on the Website (including but not limited to all graphics, images, video clips, audio, video, images, or other types of content) ("Site Information") is the property of I AM Bar and/or its suppliers or licensors.

Certain portions of the Website have been designated as areas in which registered users may post information or materials (defined below as "Posted Information"). All such Posted Information remains property of its respective owner(s). Please see Section 2: Posted Information below for further details regarding Posted Information.

Unless otherwise noted in a particular document, I AM Bar hereby authorizes The User to electronically copy or print in hard copy any document published by I AM Bar on the Website solely for The User’s internal reference purposes within The User’s organization or for The User’s own personal use. In consideration of and as a condition to this authorization, The User agrees that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information provided by I AM Bar without prior written approval from I AM Bar or the appropriate supplier or licensor is strictly prohibited.

Certain documents published on the Website may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit The User’s ability to make copies of that document. Please review all additional notices before making any copies.

Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent, copyright or trademark of I AM Bar, its suppliers or licensors, or any other third party.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, THE USER MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING THE USER COPIES FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.

DESIGN AND LAYOUT

The design of the Website is the property of I AM Bar. Elements of the Website, including but not limited to logos, graphics, sounds or images, are protected by copyright, and other laws, and may not be copied or imitated, unless specifically indicated.

LINKS TO THIRD PARTY SITES

Any links to third party sites are provided solely for The User’s convenience. Such sites are not under the control of I AM Bar, and I AM Bar is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites. I AM BAR is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by I AM BAR of the site or any association with its operators.

USER PRIVACY INFORMATION

In general, people may visit the Website while remaining anonymous and not revealing any personal information. I AM Bar does use "cookie" technology to obtain non-personal information from its on-line visitors. In addition, The User may be required to provide certain personal information, such as The User’s name, address, and email, before The User can participate in certain portions of the Website. I AM Bar does not, without The User’s permission, distribute to third parties information The User have has submitted to this Website that identifies The User personally. For a complete description of how I AM Bar uses the information collected from the Website, please see I AM Bar’s Privacy Policy applicable to the Website, which is incorporated into these Terms of Use by reference. Some portions of the Website may permit The User to post certain information about him or her self if The User chooses to do so. If The User decides to use those portions of the Website and post information about him or her self, the information The User posts is, of course, exempt from this Privacy Policy. Please see Section 2: Posted Information for additional information.

I AM Bar intends to cooperate with any order from a court of competent jurisdiction for information as to the identity of individuals submitting or posting information to I AM Bar or on the Website.

PRODUCT DESCRIPTIONS

I AM Bar attempts to be accurate at all times. However, I AM Bar does not warrant that descriptions or other content of the Website are accurate, complete, reliable, current or error-free.

The statements made about our products have not been evaluated by the Food and Drug Administration. I AM Bar products are not intended to diagnose, treat, cure or prevent any disease.

Because I AM Bar is produced in a commercial kitchen that uses a variety of products, all products may contain traces of milk, eggs, soy, wheat, tree nuts and peanuts. This warning can also be found on every I AM Bar wrapper.

USER FEEDBACK AND IMPROPER TRANSMISSIONS

Except for Posted Information or personal information, if The User transmits to or otherwise provides to I AM Bar any feedback (such as questions, comments, suggestions, or the like) or data or materials ("User Feedback"), such User Feedback shall be deemed to be non-confidential and non-proprietary. I AM Bar shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to I AM Bar, The User is deemed to grant to I AM Bar a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback.

The User is prohibited from posting or transmitting to the Website any unsolicited chain letters or "spam", or any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, I AM Bar will have no liability related to the content of any such communications.

Except where such information qualifies as Posted Information, The User may not post or transmit to the Website any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.

The User is also prohibited from impersonating any individual. Member accounts must be opened using real names and other requested information.

I AM Bar may, but is not obligated to, review or monitor areas on the Website where users may transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user forums. I AM Bar is not responsible for the accuracy of any Posted Information, including but not limited to information, data, opinions, advice, or statements transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums.

DELETION AND LOCKOUT

Failure to adhere to any of these Terms of Use may result in messages and/or Posted Information being blocked, deleted from the Website and The User being possibly locked out. I AM Bar also reserves the right to take any actions it deems necessary or appropriate to protect the Website and its content.

INTERNATIONAL INFORMATION

The Website may provide access to international data about I AM Bar its suppliers or licensors, or other third parties, and therefore, may contain references or cross references to products, programs, and services that are not available in The User’s country. Such references do not imply that I AM Bar, its suppliers or licensors, or other third parties intend to make available such products, programs or services in The User’s country.

CONTESTS AND SWEEPSTAKES

From time to time, The User may be invited to participate in contests, sweepstakes or similar events. Such events may require The User to submit personal information to participate. Each event shall be subject to separate rules, and The User should review all applicable rules before participating. Please see the Privacy Policy at www.iambar.com for additional detail. Posting by I AM Bar of a contest or similar event on the Website does not mean that it is applicable to The User’s jurisdiction.

FRAMING

The User is permitted to view the Website only in its full presentation form and is prohibited from "framing" the Website.

 

UNLAWFUL OR PROHIBITED USE OF THE WEBSITE
As a condition of your use of the Website, you warrant to I AM BAR that you will not use the I AM BAR Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

VIOLATION OF TERMS OF USE

The User acknowledges that I AM Bar has the right, at its sole discretion, to terminate The User’s access to the Website, without liability to The User or any third party, if The User violates any of these Terms of Use, violates the rights of I AM Bar, interferes with any other user's access or use of the Website, or if I AM Bar decides that The User’s use is otherwise detrimental to I AM Bar, the Website, or I AM Bar’s suppliers or licensors. If The User believes that someone has violated these Terms of Use, The User may contact I AM Bar at support@iambar.com. I AM Bar may decide, at its discretion, to investigate the report and decide, at its sole discretion, to take any action relating to that report. I AM Bar does not have any obligation or liability to The User for the performance or nonperformance of those activities.

SITE SERVICES

I AM Bar may offer through the Website certain services that may be subject to their own specific terms and conditions ("Service Terms and Conditions"). In the event of any conflict between those Service Terms and Conditions and these Terms of Use, the applicable Service Terms and Conditions shall control. Please be sure to review any applicable Service Terms and Conditions before making use of a Website service.

GENERAL

These Terms of Use are governed by the laws of the State of California, without regard to the rules of conflict that may cause the laws of another jurisdiction to apply.  The User agrees to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of California in the event of any dispute of any kind arising from or relating to the Website, or The User’s use or review of it. The failure of I AM Bar to enforce any provision or right of these Terms of Use will not constitute a waiver of such provision or right. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

APPLICABLE LAW AND DISPUTES

This Agreement, your rights and obligations, I AM Bar’s rights and obligations, and all actions contemplated by this Agreement, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California.

Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in Orange County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Orange County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under this Agreement shall be conducted under the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the demand for arbitration is filed. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.



SECTION 2: POSTED INFORMATION



ALL POSTED INFORMATION IS PUBLIC

I AM Bar has reserved certain portions of the Website to permit registered users to post materials or information, including but not limited to personal information, bar recipes, user demonstration reels or other sample materials, graphics, images, opinions, comments, conversations or questions ("Posted Information"). I AM Bar has provided those special sections as a service to its customers and the media community with the intent of making Posted Information publicly available to anyone who wishes to view it.

By using these services and posting or transmitting to I AM Bar for posting such Posted Information, The User thereby acknowledges and agrees that all Posted Information is publicly available to any viewer of the Website. The User further acknowledges and agrees that I AM Bar shall have no responsibility, liability, or obligation to The User with regard to the Posted Information, its protection, its use or misuse in any way whatsoever by any entity, including but not limited to I AM Bar itself. Without limiting the foregoing, The User agrees that the Posted Information is exempt from the application of I AM Bar’s Privacy Policy.

LICENSE TO POSTED INFORMATION

By submitting the Posted Information for publication on the Website, The User grants to I AM Bar, and its subsidiaries and affiliates, a perpetual, worldwide, royalty-free, irrevocable, sublicenseable, non-exclusive right to use, reproduce, display, modify, create derivative works, and distribute, (in any format whatsoever) the Posted Information for any purpose related to the Website.

The User also hereby authorizes any third party who lawfully accesses the Posted Information via the Website to make an electronic copy or print in hard copy the Posted Information, or portion thereof, solely for such third party's internal reference purposes within such third party's organization.

If The User’s Posted Information includes links to internet sites ("Posted Links"), The User is deemed, to the extent The User is able, to grant to I AM Bar a worldwide, royalty-free, sublicenseable, non-exclusive right to display Posted Links for so long as the Posted Information is available on the Website. I AM Bar reserves the right at its sole discretion to remove any Posted Links for any reason whatsoever.

Inclusion of any links (Posted Links or others) in Posted Information does not imply any endorsement by or responsibility of I AM Bar with regard to the contents of sites related to User Links.

 

No compensation will be paid with respect to the use of your Posted Information, as provided herein. I AM BAR is under no obligation to post or use any Posted Information you may provide and may remove any Posted Information at any time in I AM BAR’s sole discretion.

By posting, uploading, inputting, providing or submitting your Posted Information the User warrants and represents that the User owns or otherwise controls all of the rights to the Posted Information.

USE AND MONITORING OF POSTED INFORMATION

The decision to make Posted Information available, or to use or respond to Posted Information is The User’s alone. I AM Bar has only made a portion of the Website available for the publication, distribution, and review of Posted Information. I AM Bar is not involved in any transactions between The User who submits Posted Information, and The User who views or uses such information. Without limiting the generality of foregoing, I AM Bar is not responsible for any employment, hiring, purchase, lease, rent, or any other decisions whatsoever made by any person or entity with regard to the Posted Information contained in the Website.

In addition, please note that I AM Bar cannot confirm that anyone is who he or she says they are. The User assumes all risks relating to any dealings The User may undertake with anyone The User encounters through the Website.

I AM Bar has no obligation to review, screen, or edit any Posted Information, either in advance, or after posting. I AM Bar may post the Posted Information as submitted by the person registered to post the information, but will not accept any responsibility or liability for the accuracy of or omissions in such Posted Information. Inclusion of Posted Information on this Website does not imply any endorsement by I AM Bar of the Posted Information.

I AM Bar reserves the right, at its sole discretion, to take any actions with respect to Posted Information that it deems are in the best interests of I AM Bar or the Website, including but not limited to rejecting Posted Information, removing Posted Information, and/or revoking the access of any user who violates these Terms of Use.

USER REPRESENTATIONS AND WARRANTIES

I AM Bar respects the intellectual property rights of others, and expects its users to do the same. Users are prohibited from posting anything on the Website that violates the intellectual property rights of others. Therefore, by registering or submitting Posted Information, The User hereby represents and warrants:

a)  The User has all right, title, and interest to such Posted Information, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for The User to abide by these Terms of Use and make the Posted Information available;

b) That the Posted Information does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction ("Intellectual Property Rights") of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity;

c) That, to the extent The User is advertising to transfer or sell any product,  The User has all right, title and interest in such product to allow such transfer or sale (in particular, please note that the software license applicable to an I AM Bar Product governs the ability to transfer it to another user);

d) That The User is who The User says The User is, that The User has not submitted fictitious, false or inaccurate information about them self, and that all information contained in the Posted Information is true and The User’s own information; and

e) That the Posted Information does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any other applicable law or regulation.

By reviewing or using the Posted Information, The User represents and warrants:

a) That the User will only use it for lawful purposes;

b) That The User’s use will not violate or constitute the infringement of the Intellectual Property Rights of I AM Bar or any other person or entity or otherwise constitute the breach of any agreement with any other person or entity; and

c) That The User’s use will not constitute an unlawful, threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic use, or otherwise violate any other applicable law or regulation.


COPYRIGHT AND TRADEMARK NOTICES

All contents of the Website including but not limited to text, design, graphics, interfaces, or code are: Copyright 2016 by IAMBAR, LLC. All rights reserved. All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to I AM BAR, or other respective owners that have granted I AM BAR a license to use such marks.

 

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

 

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

 

SECTION 3: DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION



For avoidance of doubt, please note that the term "Website" as used in Section 3 encompasses all content of this Website whatsoever, including but not limited to Posted Information.

DISCLAIMERS

THE SITE IS PROVIDED BY I AM BAR "AS IS" AND WITH ALL FAULTS. I AM BAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ITS CONTENTS, ITS OPERATION, OR ITS PRIVACY POLICY. TO THE FULLEST EXTENT PERMITTED BY LAW, I AM BAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, I AM BAR SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT THE USER’S OWN RISK. I AM BAR DISCLAIMS ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO THE USER’S COMPUTER EQUIPMENT OR ANY OTHER PROPERTY, OR ANY WARRANTY THAT THE USER’S USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, I AM BAR SPECIFICALLY INFORMS The User THAT I AM BAR MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION.

EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL I AM BAR OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE THE SITE, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS OF USE, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF I AM BAR, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF I AM BAR, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

The User agrees to indemnify, hold harmless, and defend I AM Bar and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to The User’s use of Website, the placement, posting or transmission of any messages, information, software, content or other materials on or through the Website by The User or users of The User’s account, or any breach or violation of these Terms of Use by The User or users of The User’s account. The User agrees to fully cooperate as reasonably required by an Indemnified Party (ies). Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. The User shall not settle any matter without the consent of the applicable Indemnified Party.

 

HEALTH INFORMATION DISCLAIMER

Any medical or health related information provided on the I AM BAR Website is provided for educational purposes only and is not intended to constitute medical advice or replace discussions with a healthcare provider.

Last Updated January 2016