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Terms and Conditions

  1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY ACCESSING THIS SITE AND PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS SITE IF (A) YOU DO NOT AGREE TO THESE TERMS, (B) YOU ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, (C) YOU ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW OR IF THE LAWS OF YOUR JURISDICTION PROHIBIT YOU FROM PURCHASING ANY APPLICABLE GOODS FROM THIS WEBSITE.

These terms and conditions (these “Terms”) apply to the purchase and sale of products from Mother Bar Inc. (“Mother Bar”) through www.motherbar.com or other websites published or maintained by Mother Bar; (collectively, the “Site”). These Terms are subject to change by Mother Bar or its subsidiaries or affiliates (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any products that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the website Terms & Conditions that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site (see Section 7).

  1. Order Acceptance and Cancellation.
    • You agree that your order is an offer to buy, under these Terms, all products listed in your order (“Products”). We must first accept an order before we are obligated to sell any Products to you. We may refuse to accept orders at our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Us and you will not take place unless and until you have received your order confirmation e-mail.
    • We reserve the right to refuse any order for Products placed by a person under the age of 18, in violation of these Terms, or which requires shipment to a jurisdiction where the Products are deemed illegal or otherwise banned, in our sole discretion. If we refuse an order, we will send you a message to the e-mail address you provided with your order.
    • We reserve the right to limit or cancel quantities purchased by you based on quantities purchased per person, per location, and/or per order in our sole discretion. This includes orders that we deem to have been placed by dealers, resellers, or distributors. These restrictions may include orders placed by the same customer account, the same credit card, the same shipping address or information, and the same billing address or information. If we intend to limit the quantity of items purchased in an order, we will notify you by message to the e-mail address you provided with your order.
  2. Prices and Payment Terms.
    • Prices posted on this Site may be different than prices offered by us and other retailers both on the internet and at physical locations. All prices, discounts, and promotions posted on this Site are subject to change without notice. We are not liable to you or any third-party for any modification, price change, suspension or discontinuance of services. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your order subtotal and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
    • We may offer from time-to-time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
    • Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit cards, debit cards, cash, check, and wire transfer for all purchases. Charges to your credit card will appear listing the brand and/or description of the Product(s) you ordered. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
  3. Shipments; Delivery; Title and Risk of Loss.
    • We will arrange for shipment of the Products to you following your order. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
    • Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipment or delivery of the Products.
  4. Goods Not for Resale or Export by Customers. You, as a customer of the Products, represent and warrant that you are buying Products from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
  5. Intellectual Property.

(a)           This site and all of its contents (the “Content”) are our sole property.  This includes the graphics, logos, interface, layout, design, sounds, text, color scheme, blog posts, press releases, Product names, Product descriptions, ingredient lists, trademarks, software code, menus, and all other materials on this site. Marketing materials and logos incorporating the words “Mother Bar”, “Moment”, and derivations thereof are trademarked, and related words, logos, slogans, and designs and are the property of or licensed to us. You are not entitled to use, in any way, any of the intellectual property on this site for any reason without our written permission prior to such use.

(b)          Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Content on this site. This license does not allow you to resell or make any commercial use of the site, its Contents or our Products sold through the site; make any derivative use of any of our Content; download, copy, or other use any Content or account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No Content on, or Product sold through, this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our Products or Content. You may use our site only as permitted by law and these Terms. The licenses we have granted you terminate if you do not comply with these Terms.

(c)        The Site may contain logos, trademarks, or other intellectual property belonging to third parties not affiliated with us. You are responsible for complying with all legal obligations and the intellectual property policies related to any use by you of any third party’s intellectual property displayed on this site. You agree to indemnify and hold us harmless for any use by you of any third party’s intellectual property or proprietary information displayed on this site.

      (d)       The Site may provide links to other websites. You acknowledge and agree that we are not responsible for the availability of such external websites, and do not endorse and are not responsible or liable for any content, advertising, Products and/or other materials on or available from such websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites.

(e)        We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the Accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:


(i)        a description of the copyrighted work that you believe has been infringed upon and a description of the infringing activity;

(ii)       a description of the location of the material that you believe is infringing;

(iii)      your contact information, including address, telephone number and email address;

(iv)      a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(v)       a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner;

(vi)      a physical or electronic signature by you; and

(vii)     send the written notice to the following address:

MOTHER BAR INC.
3439 SE HAWTHORNE BLVD #932
PORTLAND, OR 97034
EMAIL: hello@motherbar.com

  1. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of Products through the Site.
  2. Returns and Refunds. We want you to feel confident with your purchase and want to provide you with the highest quality customer service. The warranties set forth in Section 11 of these Terms and our Return Policy govern all returns, replacements and refunds.
  3. Usage Limitations.

(a)        You may not:

(i)        Submit any false or misleading information to this site or use this site to submit any false or misleading information to us or any other party;

(ii)       Use this site to access any private network of ours, any other private proprietary information belonging to us, or any other information not intended for customer use;

(iii)      Upload any harmful computer program or component, including any virus, malware, bot, trojan, worm, bomb, or any other computer component, program or action designed to damage and/or alter this site in any way, or to receive any proprietary information belonging to us;

(iv)      Take any action that disrupts or changes the functionality, content or accessibility of this site, including any act that takes down the site;

(v)       Disguise your origin or that of any message sent by you, pretend to be somebody or something else, or impersonate anybody or anything;

(vi)      Use this site in any way for any purpose that is unlawful or in violation of these Terms; or,

(vii)     Upload any content, including, but not limited to comments, feedback, or other submissions, that contains unlawful, offensive, threatening, libelous, defamatory, or otherwise objectionable material in violation of these Terms.

(b)       User Accounts. You may access our Site by a user account (“Account”) using a user name and password provided by you to us. You agree that we may access your Account for any reason in our sole and absolute discretion. You further acknowledge, consent and agree that we may disclose your account (and its contents) if required to do so by law or if we have a good faith belief that such disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims; and/or (iv) protect the rights, property or personal safety of us, our users and/or the public.

(c)        You are solely responsible for maintaining the confidentiality of your Account. Including all activities occurring under your Account and all access to, and use of the Site by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. We shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Site is in compliance with these Terms. You further acknowledge and accept that we shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to the Site, which is defined as a matching and current member sign-in and user password. You shall notify us immediately of any unauthorized access to your Account or any other unauthorized use of the Site.

  1. User Comments, Feedback and other Submissions.
  • If you send certain submissions to the Site or to websites linked to or from the Site (for example, contest entries, blog entries, or social media posts) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any Comments.
  • We may, but have no obligation to, monitor, edit, or remove Comments or content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
  • You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
  1. Warranty Disclaimers for Customer Sales.

WE DO NOT GUARNATEE, REPRESENT, OR WARRANT THAT YOUR USE OF THIS SITE OR OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, OR SECURE.

OUR PRODUCTS ARE SOLD ON AN “AS IS” BASIS. TO THE EXTENT NOT PROHIBITED BY LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.

WE HOLD NO RESPONSIBILITY FOR DEFECTIVE PRODUCTS. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
  2. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Oregon.
  3. Dispute Resolution and Binding Arbitration.
    • YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

  • Mandatory Binding Arbitration.
    • Any dispute, claim, interpretation, controversy, or issues of public policy arising out of relating to these Terms, including the determination of the scope or applicability of this Section 14, that is arbitrable will be determined exclusively by binding arbitration held in Portland, Oregon, and will be governed exclusively by the Oregon Uniform Arbitration Act, Or. Rev. Stat. §§ 36.600, et seq. (the “OUAA”).
    • The arbitrator will be selected from the roster of arbitrators at the National Association of Distinguished Neutrals in Portland, Oregon, unless the parties agree otherwise. If the parties do not agree on the selection of a single arbitrator within ten Business Days after a demand for arbitration has been made, then National Association of Distinguished Neutrals will select from its roster. An arbitration will be held in Portland, Oregon. Arbitration of all disputes and the outcome of the arbitration will remain confidential between the parties except as necessary to obtain a court judgment on the award or other relief or to engage in collection of the judgment.
    • You and we irrevocably submit to the exclusive jurisdiction of the state courts located in Portland, Oregon, with respect to this Section 14 to compel arbitration, to confirm an arbitration award or order, or to handle court functions permitted under the OUAA. The parties irrevocably waive defense of an inconvenient forum to the maintenance of any such action or other proceeding. The parties may seek recognition and enforcement of any Oregon state court judgment confirming an arbitration award or order in any United States state court or any court outside the United States or its territories having jurisdiction with respect to recognition or enforcement of such judgment.
    • Prior to resolution or a decision by the arbitrator, each party shall bear its own costs and expenses and an equal share of the arbitrator’s expenses and administrative fees of arbitration. The arbitrator shall award all costs, reasonable attorneys' fees, and expenses of the arbitration proceeding to the substantially prevailing party, as determined by the arbitrator.
  • You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

  1. Waiver of the Defense of Illegality. YOU HEREBY AGREE TO WAIVE ANY DEFENSE AGAINST THE ENFORCEMENT OF THIS AGREEMENT BY US ARISING OUT OF THE DOCTRINE OF ILLEGALITY AND/OR ANY PUBLIC POLICY ARGUMENTS SURROUNDING THE SUBJECT MATTER OF THIS AGREEMENT OR ANY PRODUCTS PURCHASED FROM US.
  2. Indemnity. You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these Terms by you, including any use of Content or Products other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
  3. Acknowledgement of Hemp Derived Products.
    • By agreeing to these terms and conditions you acknowledge that some of our Products, whether consumable or topical, may contain cannabinoids derived from hemp oil. Furthermore, you acknowledge that the FDA has not evaluated the Products offered by us, and we make no claims as to any regulatory compliance of our Products, or benefits from the use of our Products.
    • Some of the Products available for sale on the Site may contain cannabinoids. Cannabinoids and hemp oil are derived from hemp. Hemp is a variety of Cannabis sativa L., which is commonly known as marijuana. Consumption of any hemp Product carries a risk of a positive drug test for cannabinoids or other chemical compounds due to trace amounts that may be contained in the Products. If you are concerned about the risk of a positive drug test, contact your employer or testing agency prior to consuming any hemp-derived Product. We are not responsible for any claims by you that may arise out of or are related to a failed drug test from the use of our Products by you.
    • The U.S. Food and Drug Administration (“FDA”) has not evaluated any statements on this site or any materials or Products we distribute or sell. Neither the Products nor the ingredients in any of the Products available on the site have been approved or endorsed by the FDA or any federal regulatory agency. The Products on the site are not intended to diagnose, treat, cure or prevent any disease. The information on this site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our Products.
  4. Assumption of Risk. By agreeing to these Terms, you acknowledge that there are federal, state, and local laws pertaining to cannabinoids, including hemp-derived Products, and these laws vary by jurisdiction. You are responsible for compliance with all the laws of your jurisdiction, and you assume all liability with regard to the purchase, possession, and use of our Products. Any and all claims you may have against us that arise from, or are related to, a civil or criminal enforcement action against you shall be governed by, and subject to, the dispute resolution terms in Section 14 herein.
  5. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 19 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  6. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ours.
  7. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
  8. Notices.
    • To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    • To Us. To give us notice under these Terms, you must contact us by electronic mail, personal delivery, overnight courier, or registered or certified mail to:

MOTHER BAR INC.
3439 SE HAWTHORNE BLVD #932
PORTLAND, OR 97034
EMAIL: hello@motherbar.com

We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

  1. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
  2. Entire Agreement. Our order confirmation, these Terms our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

Privacy Policy

Mother Bar Inc. (“we” or “us” or “our”) take privacy seriously and are committed to protecting it through our compliance with this Privacy Policy.

We are committed to safeguarding your privacy and ensuring that your personal data is protected. This Privacy Policy describes (i) the types of information we may collect from you or that you may provide when you communicate with us (whether electronically, by telephone or in writing), visit our website www.motherbar.com (our “Website”), or that we obtain from third party sources, and (ii) our practices for processing and protecting that information.

This Privacy Policy applies to personal data processed by us in connection with the services we offer. This includes personal data collected by us directly and indirectly as described below. This Privacy Policy does not apply to any personal data collected from or about any of our employees.

This Privacy Policy also applies to our targeted content, including online advertisements for products and services, which we (or a service provider acting on our behalf) may send to you on third party websites, platforms and applications (“Third Party Sites”). These Third Party Sites may have their own privacy policies and terms and conditions. We encourage you to read them before using those Third Party Sites.

  1. WHO IS RESPONSIBLE FOR WHAT HAPPENS WITH YOUR DATA?

We are responsible for processing your personal data. For the purposes of this Privacy Policy and applicable data protection law, we are the controller of your personal data and may provide access to your personal data to third party entity(ies) which may provide or offer to you certain products or services. This notice applies to all such entities and the personal data processed by such entities. If you have any questions, you can contact us via one of the following:

Email: sos@motherbar.com

  1. WHEN DO WE ASK FOR YOUR CONSENT?

By using our Website, you acknowledge that we are processing your personal data in accordance with this Privacy Policy. If you do not wish that we process your personal data in this way, please do not use our Website or otherwise provide our Website with your personal data.

We process your data for the purposes described in Section 4 below. In certain instances, we only process your data if you have consented, for example, where we process your personal data for use of cookies or process your sensitive personal data. Where we process your data on the basis of your consent, we will ask for your consent explicitly but, in some cases and only where permitted by applicable law, we may infer in a transparent manner consent from your actions. We may also ask you to provide additional consent if we need to use your personal data for purposes not covered by this Privacy Policy.

  1. WHAT HAPPENS IF OUR CUSTOMER IS A CHILD?

Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal data from individuals under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal data from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at sos@motherbar.com 

  1. FOR WHICH PURPOSES DO WE PROCESS YOUR PERSONAL DATA?

Personal data means information that can directly or indirectly identify you or other individuals (“personal data”). This typically includes information such as your name, occupation, job title, employer name, home and work addresses, personal and work email addresses, mobile phone number, work telephone number and home telephone number, but can also include other information such as IP address, information about your family members or work colleagues, information about your preferences, records of products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies, internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with our websites, applications, or advertisements, and your product usage history and performance detail. Please see details in the following paragraphs.

We collect your personal data directly when you (i) provide us with personal data, (ii) request a catalog, quotation or information about our products and services, (iii) request or subscribe for information or mailings about our products and services, (iv) buy a product or service from us, or (v) contact our customer services. We may also receive personal data about you from other sources, including information from commercially available sources, such as public databases and data aggregators, and information from third parties.

In more detail, we process the following categories of personal data for the following purposes:

4.1 Conducting Business with You, Including Processing, Fulfilling, and Following Up on Online, Telephone and In-Person Purchases or Requests and Customer Services. For this purpose, we process the following personal data: your name, occupation, job title, employer name, home and work addresses, personal and work email addresses, mobile phone number, work telephone number, home telephone number, bank or payment card account information, Internet Protocol address, information about your family members or work colleagues, information about your preferences, records of products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies, internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with our websites, applications, or advertisements, and your product usage history and performance detail. We process your personal data when we conduct business, including when you contact us, communicate with us whether electronically, by telephone or in writing) and/or we respond to your inquiries, questions and comments. We also process your personal data when you place an order or when you contact us about products and services. We further process personal data to provide you with our products or services that you request from us, including responding to your queries or comments and sending you products or samples that you have requested. We look at the products you have viewed on our Website. Our bases for this processing of your personal data are (i) the performance of the contract with you, or in order to take steps at your request prior to entering into a contract, (ii) our legitimate interests in the transmission of personal data within a group of undertakings for internal administrative purposes, including client data, and (iii) where applicable, your consent.

4.2 Suggestion of Our Products and Services; Marketing Communication. For this purposes, we process the following personal data: your name, occupation, job title, employer name, home and work addresses, personal and work email addresses, mobile phone number, work telephone number and home telephone number, IP address, information about your family members or work colleagues, records of products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies, internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with our websites, applications, or advertisements, and your product usage history and performance detail. The purposes of this processing is to provide information to customers or potential customers about our products and services. Our legitimate bases for processing this personal data are (i) our legitimate interests in pursuing direct marketing services to you and (ii) where applicable, your consent. You can opt out of receiving such communications directly from the communications we send you or by sending such request to us using one of the following:

Email: sos@motherbar.com

4.3 Process Employment Applications. For this purpose, we process the following personal data: full name, alias, home address, email address, telephone number, Internet Protocol address, veteran status, voluntary self-identification of disability, and professional or employment-related information, including work experience, job titles, company names and dates of employment, education and education degree(s) and related information. Our purposes for processing this personal data is to facilitate applications for employment, conduct background checks, complete hiring, administer compensation and benefits, monitor employee performance and to otherwise manage employment relationship and interaction between employees. Our basis for processing this personal data are (i) our legitimate interests in the transmission of personal data for internal administrative purposes, including the hiring of personnel and for employee data purposes, and (ii) where applicable, your consent.

4.4 Surfing on our Website. For this purpose, we process the following personal data: information about the type of browser you use, details of the web pages you have viewed, Internet Protocol and device address, your Cookie ID, hyperlinks that you have clicked, your user name, gender, networks and any other information you choose to share when using Third Party Sites (such as when you use the “Like” functionality on Facebook), the websites you visited before arriving at our Website and information collected by cookies or similar tracking devices. We (and third-party service providers acting on our behalf or on their own behalf) use cookies and similar technologies to process data about you when you visit our Website. Cookies are files that store information on your computer hard drive or browser that mean that we can recognize that you have visited us before. We use cookies and similar technologies (like pixels, fingerprints and other tools) to (i) improve our products and your experience on our Website by evaluating the use of our Website, products and services, and understand your browsing and shopping habits, (ii) analyze the effectiveness of our advertisements, (iii) personalize your website experience as well as evaluating statistics on website activity, (iv) evaluate (anonymously and in the aggregate) statistics on website activity, such as what time you visited it, whether you have visited it before, and what site referred you to it, (v) review the products that you have searched online and ended up purchasing in the store, (vi) make our Website easier to use, (vii) better tailor our Website and our products to your interests and needs, (viii) identify that you have visited our Website but did not purchase a product or service, (ix) collect information about your device and link to your personal data so as to ensure that our Website present the best web experience for you, and (x) supplementing the personal data that you provide to us with other information that we hold or that we may receive from commercially available sources, such as public databases and data aggregators, and third parties. Our bases for this processing of your personal data are (i) your consent and (ii) our legitimate interests in the transmission of personal data within a group of undertakings for internal administrative purposes and processing for the purposes of ensuring network and information security, including preventing unauthorized access to electronic communications networks and stopping damage to computer and electronic communication systems.

It is always possible for you to visit our Website without disclosing your personal data. This requires that you have disabled cookies on your browser. You can opt out of the processing of such information by sending us a request to the contact information provided at the end of this Privacy Policy. Please note, however, that without cookies you may not be able to use all the features of our Website.

4.5 Information, System, Network and Cyber Security. For this purpose, we process the following personal data: internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with our websites, applications, products or advertisements, and product usage history and performance detail. Our purposes for processing this personal data is to monitor, detect and protect our organization, its systems, network, infrastructure, computers, information, intellectual property and other rights from unwanted security intrusion, unauthorized access, disclosure and acquisition of information, data and system breaches, hacking, industrial espionage, and cyberattacks. Our basis for processing this personal data is our legitimate interests in preventing unauthorized access, intrusion, misuse of company systems, networks, computers, and information, including prevention of personal data breaches and cyber-attacks, piracy and malware prevention, intellectual property rights protection, intellectual property theft prevention, and website security.

4.6 General Corporate Operations and Due Diligence. For this purpose, we process the following personal data: your name, occupation, job title, employer name, home and work addresses, personal and work email addresses, mobile phone number, work telephone number, home telephone number, bank or payment card account information, Internet Protocol address, shopping habits, information about your family members or work colleagues, information about your preferences, records of products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies, internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with our websites, applications, or advertisements, and your product usage history and performance detail. Our purposes for this processing are to develop or operate financial/credit/conduct and risk models, conduct internal analysis of customers, plan strategy and growth, collate reporting and management information to support business reporting, sharing information with other members of the corporate group, conduct back-office operations, monitoring physical access in our offices and any restricted or other areas, producing aggregate analytics, business intelligence, managing third party relationships (vendors, suppliers, media, and business partners), and processing identifiable data for the purpose of anonymizing/de-identifying/re-identifying it for the purposes of using the anonymized data for other purposes (product improvement, strategic partnerships, analytics, etc.). Our basis for processing this personal data is our legitimate interests in the day-to-day operation of our business and planning for strategic growth, including management of customer, client, vendor and other relationships, sharing intelligence with internal stakeholders, implementing safety procedures, and planning and allocating resources and budgeting.

  1. HOW LONG DO WE STORE YOUR PERSONAL DATA?

Unless we are required by the law to store it for a different period, we will keep your personal data for the minimum amount of time that is required to fulfill the purposes for which we processed such information, including for the purposes of satisfying any legal, accounting, reporting or retention policies and requirements, including as necessary for us to defend against legal claim (which is generally seven years from the date of the last processing). Once your personal data is no longer required, we will permanently delete it in accordance with applicable law and our internal policies. We may retain your personal data in de-identified, aggregate form for so long as permitted by applicable law.

  1. WHO IS RECEIVING YOUR PERSONAL DATA?

We engage other persons and entities (“Agents”) to perform certain services on our behalf. Pursuant to agreements with these Agents, which agreements afford appropriate, and all required, protections of your personal data, we may use these Agents to provide any or all of the following services on our behalf:

  • provide email, cyber security and other information technology services;
  • human resources, payroll, and employee recruitment services;
  • insurance services;
  • marketing and advertising services;
  • product delivery services;
  • product and services sales services;
  • accounting services; and
  • legal representation, including with regard to prevention harm to our entities, our products or services or a person or property (e.g., fraud prevention).

All of our Agents are bound by contract to refrain from using your personal data for any purpose other than providing the applicable service to us. We are liable to you for our Agents appropriate processing of your personal data in a manner consistent with this Privacy Policy and applicable data privacy laws and regulations.

As described above, we use Agents to manage our marketing and advertising on other websites. These Agents may use cookies or similar technologies in order to provide you with advertising based upon your browsing activities and interests. Any personal data gathered by these Agents is not provided by the Agents to us. It is only used by the applicable Agent pursuant to its own privacy policies. If you wish to opt out of interest-based advertising, please visit http://preferences-mgr.truste.com/ or http://optout.aboutads.info to manage your preferences. Alternatively, if you are located in the European Union, you may visit http://www.youronlinechoices.eu/. Please note that you may continue to receive generic ads.

In addition to disclosures described above, we may disclose or transfer personal data in connection with, or during negotiations of, any merger, acquisition, spin-off, sale of company assets, product lines or divisions, any financing or any similar transaction. We may also disclose personal data to third parties, such as law enforcement, to prevent damage or harm to us, our services or any person or property, if we believe that disclosure is required to meet national security or law enforcement requirements, or in response to a lawful request by a public authority. Except as described in this Privacy Policy, we will not otherwise disclose personal data to any third parties unless you have been provided with an opportunity to opt into such disclosure.

We do not sell or share the personal data we process. If you would like more information about our disclosure of your personal data to third parties, please contact us at sos@motherbar.com

  1. WHERE DO WE TRANSFER YOUR PERSONAL DATA?

We are based in the United States, and, therefore, we may transfer your personal data outside the place from which such data was collected. The countries to which we may transfer your personal data include countries that do not provide the same level of data protection as the country in which you reside and those that are not recognized by your country or the European Commission as providing an adequate level of data protection. We only transfer personal data to these countries subject to safeguards that assure the protection of your personal information, such as European Commission approved standard contractual clauses, or under circumstances where we are lawfully allowed to transfer such personal data, including, without limitation, the derogations for specific situations described in Article 49 of the European Union (“EU”) General Data Protection Regulation. These include (in summary) if the transfer is necessary to perform, or to form, a contract to which we are a party; the transfer is necessary for the establishment, exercise or defense of legal claims; you have provided your explicit consent to the transfer; or the transfer is of a limited nature and is necessary for the purpose of our compelling legitimate interests.

  1. WHAT ARE YOUR RIGHTS?

In accordance with applicable law, we will facilitate your right to obtain from us:

  • Confirmation as to whether or not we process personal data from you and, where that is the case, access to the personal data,
  • Rectification of inaccurate personal data,
  • Erasure of personal data,
  • Restriction of processing of personal data, and
  • Receive the personal data which you have provided to us and transmit those data to another data controller without hindrance.

You may exercise any of these rights by contacting us at the following:

Email: sos@motherbar.com 

We will respond to your requests in accordance with, and within the appropriate timeframe determined by, the applicable law and/or regulation governing the use of the given personal data. In most cases, we will respond to requests within one month; provided, however, if the request is complex, we may extend its response time in accordance with applicable law and regulation. Please note that we may require additional information from you in order to honor the request, such as information necessary to ensure proper authentication or to verify our Agents to which the information was provided.

  1. CAN YOU WITHDRAW YOUR CONSENT TO THE PROCESSING OF PERSONAL DATA?

In accordance with applicable law, we will facilitate your right to withdraw your consent to some of all of our processing of your personal data. You may exercise this right by contacting us at one of the following:

Email: sos@motherbar.com

We will respond to your requests in accordance with, and within the appropriate timeframe determined by, the applicable law and/or regulation governing the use of the given personal data. In most cases, we will respond to requests within one month; provided, however, if the request is complex, we may extend its response time in accordance with applicable law and regulation. Please note that we may require additional information from you in order to honor the request, such as information necessary to ensure proper authentication or to verify our Agents to which the information was provided.

As set out above, you are entitled to withdraw your consent to the processing of your personal data but please note that if you do withdraw your consent, we may not be able to carry out our contractual obligations to you or further communicate with you.

  1. CAN YOU COMPLAIN WITH THE APPLICABLE LEGAL AUTHORITIES?

You also have the right to lodge complaints with the applicable legal authorities, including, without limitation, the applicable EU supervisory authority(ies) (if you are an EU citizen).

  1. HOW DO WE PROTECT YOUR PERSONAL DATA?

We maintain appropriate technical and organizational measures to protect the personal data you provide to us against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, your personal data.

Our Website may contain links to other websites provided by third parties. We do not control these third party websites or any of the content contained on those websites. Once you have left our Website, we cannot be responsible for the protection and privacy of any information which you provide. You should exercise caution and look at the privacy policies for the websites you visit.

  1. YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.100 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at one of the following:

Email: sos@motherbar.com 

Do Not Track (DNT) is a privacy preference that users can set in their web browsers. At this time, our website does not support DNT codes.