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Terms & Conditions
Last updated: October 20, 2016
In consideration of your use of the Website and the Service, you represent that you are of legal age to form a binding contract with Bulk Powders in connection therewith.
1. Website Limited License.
2. Fees and Payments.
2.2 Unless otherwise expressly agreed with Bulk Powders, you must pay for all purchases on the Website at the time of your order. This includes all taxes and shipping and handling charges. Bulk Powders offers a customer loyalty program, the details of which can be found here. You must be a Member in order to participate in the loyalty program.
3. Limitations on Use; Third Party Communications.
3.2. Third Party Communications. Bulk Powders disclaims all liability for any Third-Party Communications (as defined below), that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Bulk Powders assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Website or Content (e.g., advertising, forums, etc.).
3.3. THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS IS NOT INTENDED, AND SHALL NOT BE CONSTRUED, TO: (I) CONSTITUTE PROFESSIONAL MEDICAL OR HEALTH ADVICE; OR (II) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION.
4. Intellectual Property Rights.
4.2 This Website may contain certain interactive areas which include, without limitation, reviews of the products sold on the Website (the “Interactive Areas”). You hereby grant to Bulk Powders an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expressions of ideas, text, graphics, messages, blogs, links, data, information and other materials you submit (collectively, “Postings”) to this Website. Said license is without restrictions of any kind and without any payment, permission or notification due from Bulk Powders to you or any third party. The license includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings in any form, medium, or technology now known or hereafter developed.
4.4. By submitting Postings to this Website, you acknowledge and agree that Bulk Powders may create on its own, ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against Bulk Powders for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the Postings you provide to Bulk Powders.
5. Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement. Bulk Powders has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Bulk Powders reserves the right to remove any Content and/or Posting that allegedly infringes another person’s copyright. Bulk Powders will terminate, in appropriate circumstances, Members who are repeat infringers of another person’s copyright. Notices to Bulk Powders regarding any alleged copyright infringement should be directed to Bulk Powders via email at firstname.lastname@example.org
5.1 Filing a DMCA Notice to Remove Copyright-Protected Content
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
a) Your name, address, telephone number, and email address (if any);
b) A description of the copyrighted work that you claim has been infringed;
c) A description of where on the Website the material that you claim is infringing may be found, sufficient for Bulk Powders to locate the material (e.g., the URL);
d) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
e) A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
f) Your electronic or physical signature.
5.2 Filing a DMCA Counter-Notice to Restore Content Removed from the Website
If you believe that your material has been removed by mistake or misidentification, please provide Bulk Powders with a written counter-notification containing the following information:
a) Your name, address, and telephone number;
b) A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
c) A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
d) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Bulk Powders may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
e) Your electronic or physical signature.
7. No Solicitation. You shall not distribute on or through this Website any Postings containing any advertising, promotion, solicitation for goods, services or funds, or solicitation for others to become members of any enterprise or organization without the express written permission of Bulk Powders.
8. Advertisers. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Website is accurate and complies with applicable laws. Bulk Powders will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
9. Postings in Interactive Areas of this Website.
9.1. Postings to be Lawful. If you participate in Interactive Areas on this Website, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libellous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law. Bulk Powders may delete your Postings at any time for any reason or no reason without permission from you.
9.2. Postings shall not contain protected health information or healthcare or legal advice. You are strictly prohibited from submitting Postings that are considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You may not submit any Posting that contains legal or healthcare advice. You are also strictly prohibited from providing Bulk Powders with any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership) and, should Bulk Powders discover that you have done so, Bulk Powders will remove it immediately and reserves the right to ban you from the Website. None of the foregoing shall obligate Bulk Powders to actively screen the information that you provide.
9.3. No Monitoring of Postings. Bulk Powders has no obligation to monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Bulk Powders however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any reason or no reason.
9.4. Non-Commercial Use Only of Interactive Areas. Interactive Areas are provided solely for your personal use. Any commercial or otherwise unauthorized use of the Interactive Areas of this Website, its Content, or Postings is expressly prohibited.
9.5. You shall be solely responsible for all interactions with other users of the Website. In your interactions with other users (including, but not limited to, posting reviews), you agree to conduct yourself civilly and respectfully. While using the Website and Service, you agree that you shall not under any circumstances harass or make mischief against any other user of the Website and Service. While Bulk Powders makes commercially reasonable efforts to ensure that Website and Service fosters a safe and positive environment for its users, you hereby acknowledge and agree that Bulk Powders does not actively monitor or police the interactions between users of the Website and Service (and has no obligation to do so) and you hereby disclaim Bulk Powders from and against any and all liability resulting from a user’s interaction with, or conduct towards, any other user. Notwithstanding the foregoing, Bulk Powders reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny access to the Website and Service to any infringing party.
10. Errors and Corrections. Bulk Powders does not represent or warrant that this Website or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Bulk Powders does not warrant or represent that the Content or Postings available on or through this Website will be correct, accurate, timely, or otherwise reliable. Bulk Powders may make improvements and/or changes to its features, functionality, Content or Postings at any time.
11. Third Party Content. Third party content (including, without limitation, Postings) may appear on the Website or may be accessible via links from the Website. Bulk Powders shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Website. You understand that the information and opinions in the third-party content is neither endorsed by nor does it reflect the belief or opinion of Bulk Powders. Further, information and opinions provided by employees and agents of Bulk Powders in Interactive Areas are not necessarily endorsed by Bulk Powders and do not necessarily represent the beliefs and opinions of Bulk Powders.
12. Assumption of Risk. Unless prohibited by law, you assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your participation in any of the Interactive Areas.
13. DISCLAIMER. UNLESS PROHIBITED BY LAW, THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND BULK POWDERS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNLESS PROHIBITED BY LAW, BULK POWDERS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.
TO THE EXTENT NOT PROHIBITED BY LAW, BULK POWDERS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO ANY OF THE MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT AND PRODUCTS, FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, RENTED, SOLD, OR OTHERWISE AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICE.
14. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, BULK POWDERS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, THE SERVICE, THE CONTENT, THE PRODUCTS, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY OF THE INTERACTIVE AREAS, OR ANY THIRD-PARTY COMMUNICATIONS. TO THE EXTENT NOT PROHIBITED BY LAW, BULK POWDERS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO PURCHASE THE PRODUCTS OR USE THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD-PARTY COMMUNICATIONS. UNLESS PROHIBITED BY LAW, TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, BULK POWDERS’ SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT BULK POWDERS IS NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY TO YOU, WITH RESPECT TO MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, SOLD, RENTED OR OTHERWISE AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICE.
YOU AND BULK POWDERS AGREE THAT, TO THE EXTENT NOT PROHIBITED BY LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT, UNLESS PROHIBITED BY LAW, NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF BULK POWDERS AND ALL PARTIES TO ANY SUCH PROCEEDING.
16. Third Party Rights. The provisions of paragraphs 13 (Disclaimer), 14 (Limitation of Liability) and 15 (Indemnification) are for the benefit of Bulk Powders and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.