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.
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.
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.
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.
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.
(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
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.
(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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
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
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.
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.