September 30th, 2010

Picky Bars, Inc., (hereinafter referred to as “Picky Bars,” “Us,” and “We”) an Oregon corporation, provides products, goods and services through its website PickyBars.com (the “Site”) and through its related services, subject to the following terms of service (the “Terms”). These Terms may be amended from time to time, either in part or in whole, at the sole discretion of Picky Bars. Any modification(s) to the Terms will be placed on this page, and will be accompanied with a date at which they become effective at the top of this page. Unless otherwise stated, modifications will become effective no sooner than 14 days after being posted.   Your continued use of this Site constitutes your acceptance and agreement of the Terms and the practices it describes.

Children Under the Age of 18

This Site is intended for use by persons of all ages, however, purchases on this Site must be made by adults over the age of 18. If you are under the age of 18, you may make orders through this Site or become a member of the Picky Club only with the consent of a parent or guardian. Picky Bars reserves the right to refuse service, remove or edit content, or cancel orders at its sole discretion.

Orders

All prices that are established on this Site are in U.S. dollars, and where applicable, taxes and shipping costs are additional. Picky Bars reserves the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products, goods, or services without notice. Picky Bars reserves the right to alter the pricing of its products, goods and services without notice. All payments made through this Site, whether for individual goods or for a Picky Club subscription, will be made with valid credit cards, and all refunds will be credited to the same card or through another method if deemed appropriate by Picky Bars. By placing an order through this Site, you represent and warrant that you are authorized to use the designated credit card, and you authorize Picky Bars to charge your order to the designated credit card. In the event that the designated credit card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled. It is the your responsibility to resolve problems encountered in the ordering process so that Picky Bars may proceed with your order.

Picky Club

1. Registering. By becoming a member of the Picky Club, you will receive a personalized selection of Picky Bars that are delivered monthly directly to your doorstep. To become a member of the Picky Club, you have to register for an account. You agree to provide accurate and current information about yourself in all registration, purchase and checkout forms used on the Site. In registering for the Picky Club, you are representing you are either over 18 years old, or are over 13 years old and are using the Site with parental consent. YOU ARE SOLELY RESPSONSIBLE FOR MAINTAINING THE SECURITY OF YOUR PASSWORD AND USER NAME. IN THE EVENT THAT YOU LOSE OR FORGET THE PASSWORD TO YOUR REGISTERED USER NAME, PICKY BARS PERSONNEL WILL BE ABLE TO RE-SET THE PASSWORD AS IS DESCRIBED IN THE PRIVACY POLICY THAT GOVERNS THE USE OF THIS SITE.

2. Shipping Schedule. Your first monthly subscription of bars will be paid for and shipped immediately. Beginning the second month, Picky Club subscriptions will bill on or around the 5th of the month, ship out 3-5 days later from Bend, OR via Newgistics, and deliver via USPS around the 20th. Per the United States Postal Service schedule, deliveries will not be made on Sundays and certain holidays.

3. Choosing Bars Each Month. When you register, you will choose a selection of bars that is set up to automatically renew each month. As a member of the club you have the option of altering the selection of bars you receive each month. If you do not change the selection in your subscription prior to the day of the month in which your original order was placed, you will automatically receive your last registered selection of bars.

4. Returns. In the event that the subscription box delivered to your address do not comply with the order that you placed, you may contact Picky Bars at myfeedback@pickybars.com. Subject to the Terms of this Site, Picky Bars will send you a return label and corrected order after being notified of the mistake. Picky Bars reserves the right to refuse the return or exchange of any order.

5. Automatic Enrollment and Payment. By purchasing a Picky Club subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Payments are due for any month on the same date, or the closest date in that month, to the day you registered and made your first subscription payment. Picky Bars reserves the right to change the cost of its subscriptions at its sole discretion, and does not guarantee, represent or warrant that the price offered through its subscription service is the lowest price available for the purchase of its bars.

6. Cancellation. To cancel your Picky Club subscription, you must log on to your registered account, and follow the necessary cancellation procedures or by contacting Picky Bars’ customer support. Picky Bars may terminate your Picky Club membership if you fail to comply with any of the Terms provided herein, to comply with applicable law, or if Picky Bars determines at its sole discretion that cancellation is appropriate.

Newsletter

By creating an account at PickyBars.com, you are given the option of receiving a newsletter from Picky Bars. This newsletter may include information from Picky Bars or an affiliate. Picky Bars does not sell, license or provide any information from those who opt-in to receiving the newsletter, or provide a list of persons that opt-in to receiving the newsletter, to any third-party or licensee, unless it is necessary to analyze and improve the content or organization of this Site. This information is further stipulated in our Privacy Policy, which we suggest you examine prior to using this Site.

#LifePoints

One of the doughp things we do at Picky Bars is put our customers and other practitioners of awesome on our packaging. To be eligible for placement on our packaging you may submit a picture via Instagram #LifePoints. By submitting your picture, you represent and warrant that you either own or have permission to use the materials submitted to Picky Bars, and that you are voluntarily submitting the materials without being solicited, directly or indirectly, by Picky Bars. You may not submit materials via #LifePoints that is confidential, proprietary, invasive of privacy or publicity rights, infringes intellectual property rights, unlawful, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, or that violates the rights of any party, gives rise to civil liability, or otherwise violates any applicable U.S. or foreign law. By submitting your picture, you are granting Picky Bars, and any of our affiliates, the irrevocable right and permission to use, reuse, publish, and republish, all of or part of, for private or commercial purposes, all photographic images and other likenesses (including any audio, video, photographic recordings, or graphics) submitted to Picky Bars in any form or manner. You grant Picky Bars creative permission to alter the photographic image(s) and likeness. You also also grant Picky Bars the irrevocable right and permission to use your name and likeness in connection with the use of the photographic images and likenesses submitted.

Intellectual Property

At Picky Bars, intellectual property ain’t no joke. The content of this Site, including all text, graphics, logos, images, audio clips, digital downloads, data compilations, and software (collectively hereinafter referred to as the “Content”), is exclusively the property of Picky Bars or its licensors and is protected by copyright, trademark and other applicable laws and regulations of the United States. Neither this Site nor any portion of this Site may be reproduced, duplicated, sold, licensed, or otherwise used commercially unless expressly authorized in a written agreement with Picky Bars. The Content on this Site may be downloaded or copied for personal use only. No right, title or interest in any of the Content of this Site, past or present, is transferred to you as a result of downloading or copying. You may not publish, transmit, distribute, display, alter, modify, create derivative works from, sell or otherwise exploit publically or commercially any of the Content of this Site.

This Site contains registered and unregistered trademarks, service marks, logos and copyrighted materials that is the property of Picky Bars, Inc., and its affiliates. Nothing contained on this Site grants or should be construed as granting you, by implication, estoppel or otherwise, any license or right to use any such trademarks, service marks, logos or copyrighted materials presented on this Site.

Nutrition

The nutritional information and content presented on the Site is only meant to serve as general information, and not as a substitute for medical or professional advice, diagnosis or treatment. If you think that you may have any medical condition, we advise you to seek professional advice from a medical professional. YOU SHOULD CONSULT A MEDICAL PROFESSIONAL PRIOR TO USING OR RELYING ON ANY DIETARY, NUTRITIONAL, EXERCISE OR HEALTH INFORMATION AND RELATED CONTENT ON THIS SITE.

General Terms

1. Electronic Communications. By using this Site or by communicating with Picky Bars through various e-mail links on this Site, you are communicating with Picky Bars electronically. You agree and consent to receive any electronic communications related to your use of this Site, and that all agreements, notices, disclosures and other communications provided on this Site satisfy any legal requirements that such communications be in writing.

2. Limitation of Liability. IN NO EVENT, REGARDLESS OF CAUSE, SHALL PICKY BARS OR ITS AFFILIATES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER ARISING UNDER BREACH OF CONTRACT, TORT LIABILITY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.

3. Warranty Disclaimer. THE SERVICES AND GOODS THAT ARE PROVIDED ON THIS SITE ARE PROVIDED AS IS AND AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, THOSE ARISING BY STATUTE OR LAW, AND THOSE FROM A CAUSE OF DEALING OR USAGE OF TRADE.

4. Indemnity. You agree to indemnify, hold harmless, and defend Picky Bars and its affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of this Site, your violation of these Terms or the Privacy Policy, or your violation of any law or the rights of a third party.

5. Third Party Websites. The Site may contain links and/or blog posts from other websites. Picky Bars does not recommend, monitor, control or endorse any of the content or advertising on third party websites. The content of any third party website is provided on this Site as a matter of convenience and by accessing the content of any third party website, you are subjecting yourself to the Terms of Service and Privacy Policy of any such website.

6. The Digital Millennium Copyright Act. Picky Bars respects the intellectual property rights of others. The Digital Millennium Copyright Act (DMCA) provides recourse for copyright owners who believe that web-based material infringes their rights under U.S. copyright law. If you are under a good faith belief that your rights as a copyright owner, you may send a notice requesting that the content be removed to legaleagles@pickybars.com. The notice must include the following information:

   • 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 at that site;

   • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

   • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

   • A statement that the complaining party has 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; and

   • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

   • We suggest that you consult with an attorney prior to filing a notice or counter-notice under the DMCA, as there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user that is a copyright infringer. 

Privacy Policy

We respect and aim to protect your private and personal information. Please review our Privacy Policy, which also governs your visit to this Site.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210, or by writing at the following Address:

Department of Consumer Affairs
Consumer Information Division
1625 North Market Blvd., Suite N112
Sacramento, CA 95834

Contacting Picky Peeps

If you have any questions about these Terms, the Privacy Policy, or in regards to your dealings with Picky Bars, give us a shout at myfeedback@pickybars.com.