PAYMENT TRANSACTIONS
If you wish to purchase any product or service made available through the Platforms (each such purchase, a
“Transaction”), you may be asked to supply certain information relevant to your Transaction including, without
limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping
information. You represent and warrant that you have the legal right to use any credit card(s) or other payment
method(s) utilized in connection with any transaction. By submitting such information, you grant to ConBop the
right to provide such information to third parties for purposes of facilitating the completion of Transactions
initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or
completion of any Transaction.
Any descriptions, images, references, features, content, specifications, products, and prices of products and
services described or depicted on the Platforms are subject to change at any time without notice. Certain weights,
measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion
of any products or services on the Platforms does not imply or warrant that these products or services will be
available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws
(including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased
from the Platforms. By placing an order, you represent that the products or services ordered will be used only in
a lawful manner. ConBop reserves the right, with or without prior notice, to do any one or more of the following:
(i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of
any discount, introductory offer, coupon, coupon code, promotional code, or other similar promotion; (iii) bar any
user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or
service.
You agree that by placing an order on the Platforms, you are entering into a binding contract with ConBop and
agree to pay all charges that may be incurred by you or on your behalf through the Platforms, at the price(s) in
effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition,
you remain responsible for any taxes that may be applicable to your Transactions.
INTELLECTUAL PROPERTY OWNERSHIP
Unless otherwise noted, all content on the Platforms, including any names, logos, trademarks, service marks,
brand identifiers, copyrights, trade dress, or other intellectual property appearing on the Platforms, including the
organization, compilation, look and feel, illustrations, graphics, artworks, videos, music, software, and other works
of the Platforms (the “Works”) are owned by ConBop, or used with permission of the third party (the “Owners”),
and are protected under copyright, trademark, and other intellectual property and proprietary rights laws. All
right, title, and interest to the Works remain with ConBop and/or the Owners. Nothing herein shall be interpreted
to grant you a license to use any of the Works without ConBop and/or the Owners permission.
CONTENT FROM THIRD PARTIES
Any and all content from third parties is for informational purposes only and ConBop does not verify the accuracy
or truthfulness of any material. Specifically, ConBop does not independently verify information related to the
ingredients or contents of any product located on the Platforms, the labeling and whether such labeling is in
compliance with all applicable laws, ingredients, or any other information relating to the third party content.
ConBop does not independently verify the accuracy or truthfulness with respect to the operation of any of the
locations identified in the Platforms, including the hours of operation, availability of certain products/services, or
otherwise.
CONTENT POSTED BY USERS
Any and all content posted by you to the Platforms, to ConBop’s social media pages, mobile application and mobile
store pages, or any other area to which you may have access to or the ability to enter, upload, and/or post content,
must comply with the these Terms of Use, the Privacy Policy, any other agreement controlling your relationship
with ConBop, and any applicable federal, local, or state laws and regulations.
By using the Platforms, you are agreeing to these Terms of Use, and warrant that: (i) you have obtained the
necessary permissions of any and all third parties for any content posted by you; (ii) to the best of your knowledge,
any and all content posted by you is truthful and accurate, and not misleading in any manner; and (iii) you are not
violating any law, regulation, code, or otherwise in your posting of the content, including intellectual property,
right of privacy, and defamation.
You further agree to indemnify, defend, and hold harmless ConBop from any and all liability, claim, cause of action,
loss, or damages resulting from content you post to the Platforms, to ConBop’s social media pages, mobile
application and mobile store pages, or any other area to which you may have access to or the ability to post
content.
You hereby grant an irrevocable, fully prepaid, perpetual license to ConBop to use anything posted by you to the
Platforms.
RESTRICTIONS ON USE
ConBop customers are permitted to use the Works and/or any services and products on the Platforms for lawful purposes as
provided in these Terms of Use; any other use or misuse of any of the Works is strictly prohibited. ConBop grants
you a non-exclusive, limited, personal, non-transferable, revocable license to access and use the Works, without
right to sub-license, under the following conditions: you shall not, without ConBop’s express written consent: (i)
copy, re-transmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise
distribute the Works, or modify or re-use all or any part of the Works; (ii) use any trade name, trademark, or brand
name of ConBop in metatags, keywords, and/or hidden text; (iii) create derivative works from the Works or
commercially exploit the Works, in whole or in part, in any way; and (iv) use the Platforms, the Works, and/or any
portion thereof, in any manner that may give a false or misleading impression, attribution, or statement as to
ConBop, the Owners, or any third party referenced therein. ConBop reserves all other rights.
You shall not alter, remove, or obscure any copyright notice, digital watermarks, trademark notices, proprietary
legends, or any other notice included in the Works. Except as expressly provided herein, nothing on the Platforms
shall be construed as granting or conferring any license under ConBop’s and/or the Owners’ intellectual property
rights, whether by estoppel, implication, or otherwise. Notwithstanding anything herein to the contrary, ConBop
may revoke any of the foregoing rights and/or your access to the Platforms, or any part thereof, including blocking
your IP address, at any time without prior notice.
SOCIAL MEDIA AND LINKED SITES
From time to time, the Platforms may include features and functionality that allow you to interact with other sites
that are not under our control (“Linked Site”), including various social media pages (“Social Media Site”). ConBop
provides these features, functionality, and links to you as a convenience and does not endorse any Linked Site or
Social Media Site. ConBop is not responsible for the contents or transmission of any Linked Site or Social Media
Site, or for the terms of use or privacy policy, of any Linked Site or Social Media Site. You should carefully read
the policies for the sites you visit. Under no circumstances are you authorized to make any claim regarding ConBop
or any of its products on any Social Media Site regardless of any material connection you may have with ConBop
or your receipt of any consideration. If you may any claim regarding ConBop or any of ConBop’s products or
services on a Social Media Site in violation of the foregoing, you, and not ConBop, shall be solely responsible and
liable therefor.
SUBMITTED IDEAS
Any ideas, comments, suggestions, notes, drawings, concepts, or other information submitted to ConBop,
whether through the Platforms or by other means, shall be deemed to be non-confidential and non-proprietary.
ConBop does not owe you any confidentiality or nondisclosure obligations, whether express or implied. ConBop
shall be entitled to unrestricted use of the idea, comment, suggestion, note, drawing, concept, or other
information for any purpose whatsoever, commercial or otherwise, without compensation to you.
COMMUNITY GUIDELINES
The Platforms, Linked Sites, and Social Media Sites may include the ability to post comments or otherwise engage
in communications with third parties through bulletin boards, chat rooms, blogs, comment sections, or other
community forums (the “Community Forums”). The following governs the use of the Community Forums:
• ConBop will monitor the Community Forums on a regular basis for any violations of these Terms of Use,
violation of the Privacy Policy, or any illegal content.
• ConBop will not act as an arbiter for any dispute or disagreement between users and shall have no liability
to you for any content posted in the Community Forums and is under no obligation to edit or modify
information available in the Community Forums.
• ConBop reserves the right, in its sole and complete discretion, to refuse to post, or remove, any material
submitted to the Community Forums.
• You acknowledge and agree that ConBop may store any material posted to the Community Forums. You
further acknowledge and agree that ConBop may use material posted by you in the Community Forums
for any purpose whatsoever, including but not limited to incorporating the submission into content that
may be commercial in nature.
• Prohibited Statements – you are expressly prohibited from submitting any of the following:
o Any submissions that disparages competitive products, is unlawful, libelous, defamatory,
obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening,
invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise
objectionable.
o Any submission that would constitute, encourage, or provide instructions for a criminal offense,
violate the rights of any party, or that would otherwise create liability or violate any local, state,
national, or international law, including without limitation, material that depicts child
pornography, acts of violence, drug use, or would violate the regulations of the U.S. Securities and
Exchange Commission, or any rules of a securities exchange.
o Any submission that may infringe any patent, trademark, trade secret, copyright, or other
intellectual or proprietary rights of any party.
o Any submission that impersonates any person or entity, or otherwise misrepresents your
affiliation with a person or entity.
o Unsolicited promotions, political campaigns, advertising, or solicitations.
o Private information of any third party, including without limitation, addresses, phone numbers,
email addresses, social security numbers, credit card numbers, or any other similar piece of
information.
o Viruses, spyware, Trojans, corrupted data, or any other harmful, disruptive, or destructive files.
o Any other submission that, in ConBop’s sole and complete discretion, is inappropriate or
objectionable, or which restricts or inhibits any other person from using or enjoying the Platforms,
or which may expose ConBop or its users to any harm or liability of any type.
NO ARCHIVE
The Platforms are not and shall not function as an archive. ConBop shall have no liability to you or any other
person for loss, damage, or destruction to any submission. You shall be solely responsible for maintaining
independent archival and backup copies of any submission.
DISCLAIMERS
Without limiting anything herein, the Platforms, its content, and all of its features, are provided to you “AS IS” and
“AS AVAILABLE” without warranty of any kind with respect to the Platforms, its content, and of its features, either
express or implied, including but not limited to fitness for a particular purpose, title, or non-infringement. No
advice or information, whether oral or written, obtained by you from ConBop shall create any warranty,
representation, or guarantee not expressly stated herein. Additionally, ConBop does not make any warranties
that the Platforms will be secure, error free, or otherwise meet your expectations. ConBop does not warrant that
the Platforms, its content, or features are correct, accurate, or reliable. ConBop reserves the right to change any
part of the Platforms at any time without notice.
LIMITATION OF LIABILITY
Your use of the Platforms is at your own risk. ConBop, its affiliates, and the respective officers, directors, agents,
and representatives will not be liable to you, or any third party, for any damages, direct or indirect, incidental,
consequential, special, or punitive, including, without limitation, loss of data, income, profit, or goodwill, loss of
or damage to property and claims of third parties arising out of your access to or use of the Platforms, or arising
out of any action taken in response to or as a result of the Works, or other information available on the Platforms,
however caused, whether based on breach of contract, tort, proprietary rights infringement, product liability, or
otherwise. The foregoing shall apply even if ConBop was advised of the possibility of such damages. If you become
dissatisfied in any way with the Platforms, the Terms of Use, or the Privacy Policy, your sole and exclusive remedy
is to stop your use of the Platforms and its services. You hereby waive any and all claims against ConBop, its
affiliates, officers, directors, agents, representatives, and licensors arising out of your use of the Platforms. If any
portion of this limitation on liability is found to be invalid or unenforceable, then the aggregate liability of ConBop,
its affiliates, and the respective officers, directors, agents, and representatives shall not exceed one hundred
dollars ($100). The Platforms would not be provided without such limitations and you agree that the limitations
and exclusions of liability, disclaimers, and exclusive remedies herein will survive even if found to have failed their
essential purpose.
DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”)
ConBop is committed to respecting and protecting the legal rights of copyright owners. As such, ConBop adheres
to the following notice and take down policy, in full compliance with 17 U.S.C. § 512 et seq. (Section 512(c)(3) of
the DMCA). If you believe any of the content that appears on the Platforms infringes upon your intellectual
property rights, please submit a DMCA Takedown Notice alleging such infringement. To be valid, the DMCA
Takedown Notice must be sent to ConBop’s designated agent at info@conbop.com with the subject heading of
DMCA Notice and include the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works
at a single online site are covered by a single notification, a representative list of such works.
• Identification of the material claimed to be infringing or to be the subject of infringing activity and that is
to be removed or access disabled, and information reasonably sufficient to permit the service provide to
locate the material.
• Information reasonable sufficient to permit the service provider to contact you, such as an address,
telephone number, and, if available, an electronic mail.
• A statement that you have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
• A statement that, under penalty of perjury, the information in the notification is accurate and you are
authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
TRADEMARK POLICY
ConBop is committed to respecting and protecting the legal rights of trademark owners. As such, ConBop provides
the following policy for trademark owners who believe that any of the content that appears on the Platforms
infringes upon his/her/its rights. ConBop encourages trademark owners to attempt to resolve the trademark
dispute directly with the party involved, if possible. If you are unable to reach a resolution, you can report a
trademark violation by sending a notice to ConBop’s designated agent at info@conbop.com with the subject
heading of Trademark Notice and include the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
• Identification of the trademark claimed to have been infringed, including the registration and/or
application number, and the registration office (i.e. United States Patent and Trademark Office).
• Identification of the material claimed to be infringing or to be the subject of infringing activity and that is
to be removed or access disabled, and information reasonably sufficient to permit the service provide to
locate the material.
• Information reasonable sufficient to permit the service provider to contact you, such as an address,
telephone number, and, if available, an electronic mail.
• A statement that you have a good faith belief that use of the material in the manner complained of is not
authorized by the trademark owner, its agent, or the law.
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized
to act on behalf of the owner of the exclusive right that is allegedly infringed.
NO FRAMINING OR LINKING
Framing, in-line linking, or other methods of association with the Platforms are expressly prohibited without prior
written approval from ConBop.
INTERNATIONAL USERS
The Platforms are hosted in the United States. If you are attempting to access the Platforms from a physical
location within the European Union, Asia or any other region with laws or regulations governing data collection,
use, and disclosure that differ from the United States, please be advised that your use of the Platformsis governed
by United States law, this Privacy Policy, and the Terms of Use. To the extent you provide Personal Information
through the Platforms you are transferring your Personal Information to the United States and you consent to:
such transfer; the application of the laws of the United States and the State of California with respect to any
dispute arising from or related to the Privacy Policy and/or your use of the Platforms; exclusive jurisdiction of the
courts of the State of California.
CHOICE OF LAW & VENUE AND DISPUTES
The laws of the State of California shall govern these Terms of Use without regard to conflict of laws provisions.
Any dispute relating in any way to your visit to, or use of, the Platforms, to the products you purchase through the
Platforms (including a subscription), or to your relationship to ConBop shall be submitted to confidential
arbitration in Orange County, California; provided, however, that to the extent that you have in any manner
violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate
relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack
of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal
courts of California.
Arbitration under these Terms of Use will be conducted be administered by the JAMS, Inc. (“JAMS”), pursuant to
its Arbitration Rules & Procedures (the “JAMS Rules”). The arbitrator shall have the power to decide any motions
brought by any party to the arbitration, including motions for summary judgment and/or adjudication, motions
to dismiss and demurrers, and motions for class certification, prior to any arbitration hearing. The arbitrator shall
have the power to award any remedies available under applicable law, and the arbitrator shall award attorneys’
fees and costs to the prevailing party, except as prohibited by law. You agree that the arbitrator shall administer
and conduct any arbitration in accordance with California law, including the California Code of Civil Procedure and
the California Evidence Code, and that the arbitrator shall apply substantive and procedural California law to any
dispute or claim, without reference to the rules of conflict of law. To the extent that the JAMS Rules conflict with
California law, California law shall take precedence. The decision of the arbitrator shall be in writing, and the
arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use will be
joined to an arbitration involving any other party subject to these Terms of Use, whether through class action
proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of
action arising out of, related to or connected with the use of the Platforms or these Terms of Use must be filed
within one (1) year after such claim of action arose or be forever banned.
YOU AND CONBOP AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, unless both you and ConBop agree otherwise, the arbitrator may not
consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a
representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the
individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s
individual claim.
ABILITY TO ACCEPT TERMS OF USE
You affirm that you are more than the legal age in the territory in which you reside, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth
in the Terms of Use, and to abide by and comply with the Terms of Use.
CHANGES AND UPDATES
We may revises these Terms of Use from time to time. Your use of the Platforms following any revised Terms of
Use shall be deemed an acceptance of the revised policy. We recommend you review these Terms of Use from
time to time to stay updated. We will make a commercially reasonable effort to obtain your consent before
implementing revisions which materially affect the disclosure or use of your Personal Information. If you disagree
with the terms of these Terms of Use at any time, your sole remedy is to terminate your use of the Platforms and
inform us of such termination.
MISCELLANEOUS
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then it
shall be construed in a manner which is valid and enforceable that is closest to the intentions set forth herein.
The remainder of the Terms of Use shall remain in full force and effect.
Cookie | Duration | Description |
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