CARVE TERMS OF PURCHASE
(last changed January 1, 2016)
The following terms of purchase (“TOP”) govern your purchase of products and services by CarveBar, LLC (“Carve”) through the Carve website or mobile device application (collectively, the “Site”). By clicking the box next to the hyperlink to these terms, you agree to the following:
I understand that these Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to me in the event of a dispute as described in the Arbitration Agreement, contained in [Paragraph 13] of these TOP.
- Nutritional Information. Certain content presented on the Site is intended to impart general nutrition, fitness and wellness information. The content on the Site is not intended to be construed as or be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of anything on or associated with our Site. ALL CARVE PRODUCTS ARE SOLD AS-IS AND CARVE MAKES NO WARRANTY – EXPRESS OR IMPLIED – REGARDING ITS PRODUCTS.
- Future Products and Services.If I choose to add a product or service to my order subsequent to this initial purchase, these TOP will apply to that additional product or service purchase as well.
- I understand that I may request an exchange of an unopened product for a different product and complete a replacement order within 30 days of my purchase. Any price difference between the original order and the replacement order or, if a replacement order is not completed within 30 days of purchase, the full original purchase price will be credited to my original form of payment.
- Suspended Accounts. If Carve encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge that Carve, in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that Carve disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside Carve, including me or any authorized contact, until the investigation is complete. Additionally, I understand that Carve, in its sole discretion, may decide not to send any documents associated with my account to me or file any such documents with any government authority, while my account is disabled. I acknowledge that Carve will not be liable for any delays caused by these policies and procedures.
- Automatic Billing. If you purchase a Carve product that includes a subscription or other recurring charge, this Section 6 shall apply. Charges for Subscription Products. For any automatically renewing subscriptions, your subscription will renew at the end of the initial term (the “Billing Date”) and at the end of each successive term, until you notify us that you want to terminate your subscription or your subscription is otherwise terminated. If you do not notify us, your credit card will automatically be charged for the renewal term of your subscription on your Billing Date. If your purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month. Carve may adjust your Billing Date in subsequent renewal periods without notice. This will be reflected by a charge to your account on a pro-rated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless Carve otherwise notifies you in advance under these Subscription Terms, the renewal charge will be equal to the original purchase price for the Subscription.
- Dispute Resolution by Binding Arbitration.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care Center at [424-384-5027]. In the unlikely event that the Carve Customer Care Center is unable to resolve your complaint to your satisfaction (or if Carve has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. In arbitration you may recover attorney's fees from Carve to the same extent or more as you would in court. The arbitrator shall apply the same limitations period that would apply in court.
Any dispute or claim relating in any way to your use of the Website or to any products or services sold or distributed by Carve or through the Website will be resolved by binding arbitration, rather than in court, including any claim in small claims court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- Limitation of Liability and Indemnification.EXCEPT AS PROHIBITED BY LAW, I WILL HOLD CARVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF CARVE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF CARVE, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME.
- I understand that Carve uses a variety of methods to deliver finished products. For products delivered via physical shipment, I understand that Carve uses a variety of carriers for each shipping option and will choose a delivery method for the shipping option and address I designate. If I select overnight delivery or two-day delivery, I agree that Carve may use air or ground shipping as necessary to get my items to me within the promised time frame. The shipping fee indicated does not necessarily represent the actual amount paid by Carve to the carrier chosen for the delivery of my order. It may include, in addition to the fees paid to the carrier, Carve or third party handling and processing fees.
- After your purchase, you may receive an email survey request from Carve. You may also write a review on the Site. If you complete the survey or submit a review, your opinions may be posted, in whole or in part, on the Site or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product you purchased, your gender, city and/or state, and age range.
- Access to World Wide Web; Internet Delays.To purchase Carve products via the Site or to use the Site, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. I understand that Carve is not responsible for delays, delivery failures, or other damage resulting from such problems.
- Force Majeure.Carve shall not be considered in breach of or default under these TOP or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate, Carve may immediately terminate these TOP and shall have no liability to me for or as a result of any such termination.
- Right to refuse.I acknowledge that Carve reserves the right to refuse service to anyone.
I understand that these terms affect my legal rights and obligations. If I do not agree to be bound by all of these terms, I will not use this service. By proceeding with my purchase, I agree to these TOP.