PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY
THE TERMS AND CONDITIONS OF PRODUCT SALES ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU ("CUSTOMER") ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS OR BY ENGAGING THE COMPANY IDENTIFED ON THE INVOICE, STATEMENT OF WORK OR OTHER DOCUMENTATION ("SELLER") TO PROVIDE PRODUCT OR PERFORM OR PROCURE ANY SERVICES, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS UNLESS CUSTOMER AND SELLER HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
ANY GENERAL DESCRIPTION OF THE TYPES OF PRODUCTS OR SERVICES AND RESULTS THEREOF POSTED ON ANY SELLER WEBSITE OR MOBILE APPLICATION DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN SELLER AND CUSTOMER.
1. This website, www.OriginalBarBack.com, including its applications and tools (the “Website”), is owned by Original BarBack, LLC (“BarBack LLC”). Your use of this Website is subject to the following terms and conditions as well as all applicable laws. By accessing, browsing, and using this Website, you acknowledge and accept these terms and conditions (the “Terms”), and you represent that you have the legal capacity to enter into the agreement set out in these Terms. The Website is considered a general audience site and is not intended to be used by children. BarBack LLC does not sell products for purchase by children. If you are under eighteen (18) years of age, you may use the Website only with the involvement of a parent or legal guardian. If you do not agree with any of the Terms, do not use this Website. Each time you access and/or use the Website, you agree to be bound by these Terms and any additional terms that will apply to you.
BY AGREEING TO THESE TERMS DURING ACCOUNT SETUP OR WHEN MAKING A PURCHASE ON THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS.
These Terms were last updated: June 1st, 2015.
Eligibility to Use the Website
The Website is operated from various locations both within and outside the United States and may be accessible worldwide. However, only users in the United States who are over eighteen (18) years old or the age of legal majority in their place of residence may purchase products through the Website. If you access or use the Website from outside the U.S., you do so at your own risk and you are responsible for complying with the laws and regulations of the territory where you access or use the Website.
Creating and Using a Website Account
You are not required to establish an account in order to make purchases through the Website. However, in order to establish a Website account (if such functionality is available), visit the “Create Account” page on the Website and enter the required information, including, without limitation, your name, company name (if applicable), your email address and other contact information, and a valid address and related information. We will email a confirmation of your log in information to the email address you provided upon registration.
You represent and warrant that you are authorized to provide all the information you provide upon registration for your Website account. Further, you must provide accurate and truthful information about yourself and your company (if applicable), and you must update that information from time to time as necessary to keep the information current and accurate. You are responsible for all activities occurring under your Website account and for keeping your password and other Website account information confidential. If you suspect someone is accessing or using your Website account without your permission or if you need to change your password or account information, please login to your account and go to the “My Account” page.
Materials on the Website
The Website and all material and information posted thereon, including, without limitation, photographs, text, graphics, logos, icons, content, sound recording, tutorials, audio/visual clips, and designs (collectively, “Material”) is protected by copyrights, patents, trade secrets or other proprietary rights and may not be, in whole or in part, copied, reproduced, republished, downloaded, uploaded, posted, displayed, performed, framed, transmitted, posted, distributed, modified or used, in whole or in part, whether in text, graphical, audio, video, executable or other form, except as expressly permitted by these Terms, without the express written consent of BarBack LLC. Any other access to this Website and any other use, reproduction or transmission of information or data obtained from this Website is strictly forbidden, without the prior written consent of BarBack LLC.
You must ensure that your access to this Website and Material available on or through it is legal in each jurisdiction in or through which you access, view or otherwise use this Website or such Material.
Termination or Suspension of a Website Account
You agree that BarBack LLC, in its sole discretion, may terminate, suspend, or disable your use of the Website and Material at any time and for any or no reason, in its sole discretion, if (i) BarBack LLC believes you have violated or acted inconsistently with these Terms, (ii) in order to comply with applicable law, or (iii) in any other circumstances BarBack LLC deems appropriate, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of the Material. Further, you agree that BarBack LLC shall not be liable to you or any third party for any termination or suspension of your access to the Website. If BarBack LLC terminates, suspends, or disables your Website account, you remain obligated to pay BarBack LLC for all unpaid purchases made prior to the termination or suspension of your Website account.
Purchasing Products Using an Account
If you have registered for a Website account, you may order products by logging in to your Website account. When you place a product in the shopping cart on the Website, you will be prompted to enter your Website account log-in information. From there, follow the instructions provided on screen to check out or purchase the product. Upon completion of the online order process, your purchase will be charged to you using the billing information you provided in connection with your Website account. You will subsequently receive acknowledgment of the order and/or a receipt by email to the email address associated with your Website account.
Purchasing Products without Using an Account
If you do not have a Website account, you may purchase products as a guest, without logging in, by providing billing, shipping and related information as requested by BarBack LLC at the time of purchase. Each time you make a purchase in this manner, you must provide accurate contact information so you may be contacted regarding your purchase, if necessary, and you must agree to these Terms and any other applicable purchase terms set forth in the checkout process.
Terms Applicable to Purchases
You represent and warrant that you are at least eighteen (18) years of age if you are placing an order to purchase products; (ii) BarBack LLC’s acknowledgement of an order is not acceptance of an order and BarBack LLC may reject or cancel an order at any time; (iii) you must either have an existing account with BarBack LLC or provide a valid and authorized payment information and agree that BarBack LLC may charge the selected method of payment at the time of your transaction; (iv) you will pay all charges and losses incurred in connection with your purchase of products, including shipping fees; (v) you will pay all taxes; (vi) if BarBack LLC does not receive payment from your payment card issuer, you will pay all amounts due upon demand; (vii) Not intended for export outside USA.
You acknowledge and agree that no employee, agent, dealer, or service provider is authorized to make any promise, representation or warranty with respect to these Terms or the products or to amend, modify or waive any of these Terms.
Methods of Payment
You may use the methods of payment to purchase products through the Website as identified on the Website upon checkout. All payments are accepted only in U.S. dollars. If you use a payment card issued from a bank outside the U.S., you acknowledge that you are responsible for fees charged by the issuer of your payment card for currency conversion. Please consult the terms provided by the issuer of your payment card for applicable currency conversion rate and fees and charges.
Pricing and Shipping
Product pricing and shipping costs will be as reflected on the Website. Prices posted on the Website and BarBack LLC s billing policies are subject to change at any time without notice to you. Prices on the Website are in U.S. dollars for U.S. purchasers only. We cannot ship to addresses outside the U.S. possessions and territories, other than APO and FPO (Air/Army Post Office or Fleet Post Office) boxes. All purchases are subject to applicable taxes to be paid by the purchaser, and prices do not include shipping and handling. Title (i.e., ownership) and risk of loss for all goods ordered pass to you when the goods are delivered to the carrier for shipment.
You acknowledge and agree there may be unintentional inaccuracies, omissions, or errors regarding price, offers, descriptions, promotions, availability, or other matters and except as provided by law, BarBack LLC will not be liable for these inaccuracies, omissions, or errors. BarBack LLC will attempt to correct such inaccuracies, omissions, or errors when brought to its attention. BarBack LLC does not claim that the information on the Website is appropriate for or applicable to your jurisdiction or that the products described on the Website will be available for purchase in all jurisdictions.
Any discounts or special offers available with your Website account will be automatically reflected with the purchase price in the shopping cart, once you log in using your Website account.
Products ordered from the Website may be fulfilled by one or more of our subsidiary or affiliated entities. The appropriate BarBack LLC entity that fulfilled your order will be listed on your receipt. If your order is fulfilled by more than one entity, you will receive a receipt from each applicable entity for the products fulfilled by that entity.
We make efforts to keep the Website and available inventory of products current and up to date. However, we cannot guarantee that any product listed on the Website will be in stock or remain available. Further, we may discontinue or otherwise cease offering a product at any time, in our sole discretion. In the event a product is not available at the time you place your order, we will send you a notice via email and cancel your order for the unavailable product. Unless you notify us to cancel your entire order, we will fulfill the balance of your order pursuant to our ordinary order fulfillment policies.
Cancellations to Orders; Returns.
We may, in our sole discretion, choose to cancel your order in certain circumstances. This may occur, for example, when the product you wish to purchase has been mispriced, when we suspect the request is fraudulent, or in other circumstances we deem appropriate.
If you wish to return a product or change or cancel your order for any reason, you must contact BarBack LLC either directly by using the contact details provided on the Website or by using the contact form of the Website. If your request relates to a return, you must contact us in accordance with our return policies. Return and refund policies can be found at www.OriginalBarBack.com.
We make conscientious efforts to display and describe the products available on the Website accurately and completely. However, the detail and accuracy of the images and specifications of products that you see on the Website will depend on a number of things, including your computer equipment and Internet connections. Consequently, we do not guarantee that the products, images, available features, services or specifications displayed or described to you on the Website are or will remain accurate or complete in every detail. Further, we may update the products, images, available features, services or specifications from time to time. The technical information, opinions, recommendations and other information made available on the Website, including commentary regarding particular products, are provided for convenience only and may not be relied upon as substitutes for thorough consultation with appropriately trained professionals familiar with your particular needs and circumstances.
Features on the Website
BarBack LLC may from time to time make available additional features on the Website. Those features are subject to these Terms and any other applicable terms and conditions associated with them on the Website, as those may be updated form time to time by BarBack LLC.
Changes to the Website and Products
We reserve the right to make changes to the Website, the products, methods of payment, and features available on the Website at any time, in our sole discretion.
Restrictions on Use
We expect and require that all visitors use the Website for its intended purposes and refrain from engaging in inappropriate behavior on the Website. Such inappropriate behavior includes:
requesting, or otherwise attempting to obtain or store, personal information, passwords, account information or any other type of information of other users;
accessing or using anyone else’s Website account;
creating a deep-link to the Website, using any data mining, robots, or similar data-gathering and extraction tools in connection with the Website;
inhibiting, disrupting, or otherwise preventing anyone from using or accessing the Website;
acting in any manner that disrupts or interrupts users’ real-time experience on the Website;
hacking or defacing any portion of the Website;
interfering with or disrupting the Website or servers or network connections to the Website, or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;
modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Website;
attempting to gain unauthorized access to the Website, or any feature or portion of the Website, any other systems or networks connected to the Website or any server related thereto;
using the Website to intentionally or unintentionally violate any applicable local, state, national or international law or regulation; and
providing material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization or individuals appearing on the Denied Persons list.
Intellectual Property Rights.
Without limiting the Terms, BarBack LLC and its licensors own and retain all right, title and interest in and to any copyright, trademark, patent or other intellectual property embodied in the Website. Such intellectual property is protected under United States and other countries' copyright, trademark and other laws and international treaty provisions. Any unauthorized use by you of this intellectual property may subject you to civil and criminal penalties. Without limiting the above, the trademarks, logos and service marks (“Marks”) displayed on the Website are the property of BarBack LLC or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose, including, but not limited to, use as meta tags on other pages or sites without the written permission of BarBack LLC or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Website without our express written consent. Further, you may not utilize any Website content in any meta tags or any other “hidden text” techniques or technologies without our express written consent.
THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, BARBACK LLC EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE. BarBack LLC WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE WEBSITE.
Without limitation to the foregoing, BarBack LLC makes no warranty that: (a) there will be no interference with your use or enjoyment of the Website; (b) the Website will fulfill any particular purpose, need requirement or specification or is complete, reliable or accurate; (c) orders for a product(s) will be honored according to your schedule or any stated schedule; (d) the Website will be secure or error free; (e) any errors in the Website will be corrected; (f) the Website is lawful, appropriate or available for use in any particular location; (g) there will be no interception, loss, or disclosure of confidential or sensitive information transmitted over the Internet, including personal information; or (h) products displayed or referenced on the Website are available for use in a particular location.
Warranty information regarding products may be found at www.OriginalBarBack.com.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BARBACK LLC SHALL NOT BE LIABLE UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LOST PROFITS OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LIABILITY OF SARTORIUS FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS ARISING OUT OF OR RELATING TO USE OF THE WEBSITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED ONE HUNDRED DOLLARS (USD $100). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU.
Your sole and exclusive remedy is to discontinue using and accessing this Website. The aforementioned exclusions and limitations apply whether any claims, losses, costs or damages are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions apply even if BarBack LLC has been advised of the possibility of such claims, losses, costs or damages.
You agree to defend, indemnify, and hold harmless BarBack LLC and its affiliates, and their respective directors, officers, employees, representatives, agents, and assigns from, and waive and release all such parties from all claims, causes of action, suits, allegations, liabilities, expenses, injuries, losses, and damages incurred or suffered by BarBack LLC (collectively, “Damages”) arising out of or based on any claim or threatened claim based on (a) your use of or access to the Website, or that of or any other person to whom you have provided access to your computer system or Website account, (b) your violation or breach of any of the Terms, including, but not limited to, any unauthorized use of any of the Website or Material, or (c) your violation of any intellectual property rights of BarBack LLC or any third party.
This Website may contain hyperlinks and references to other websites. Such hyperlinks and references are provided to you as a convenience only. BarBack LLC has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such hyperlinks, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create hyperlinks from other websites to this Website, unless expressly permitted by BarBack LLC in writing.
Damage to Others
You agree not to introduce into or through this Website any information or materials which may be deemed harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
Modification of these Terms
BarBack LLC may modify, alter or otherwise update these Terms and additional terms and conditions applicable to this Website from time to time, without prior notice, by updating this posting. You agree that BarBack LLC may provide notice to you of such modifications by posting them on the Website. The date of the last modification will appear at the top hereof. Your access and use of this Website constitutes your consent to be bound by these terms and conditions.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
To the fullest extent permitted by law, these Terms and any claim or dispute arising out of or relating to these Terms, will be governed by and construed in accordance with the laws of the State of Delware, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to these Terms, including, but not limited to any Product, shall be subject to the exclusive jurisdiction of state or federal courts located in the State of Delaware, and you hereby consent and submit to the personal jurisdiction of such courts.
These Terms do not create any fiduciary relationships between you and BarBack LLC, service providers or other companies that assist with providing the products or operating the Website. These Terms do not create any relationship of principal and agent, partnership or similar relationship. Where appropriate in context, the conjunctive shall include the disjunctive, any shall include all, the singular shall include the plural, and vice versa. Section headings in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided in these Terms, the terms and covenants contained in these Terms which by their nature, sense and context survive or are expressly intended to survive the expiration or termination of these Terms will so survive and continue in full force and effect until they are satisfied or by their nature expire.
All rights not expressly granted in these terms are reserved by BarBack LLC. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual right of BarBack LLC or any other person or entity.
If you have any questions or comments about this Notice, or if you would like us to update information we have about you or your preferences, please contact us by email at OriginalBarBack@gmail.com or
You also may write to us or call us at our New York Office:
347 East 61st St.,
New York, NY 10065