Terms of Use

Terms of Use

 Terms of Use

Explanation

  1. ACCEPTANCE OF TERMS

This is an agreement between you and Carve Bar, LLC (“Carve”). Carve offers a variety of nutrition snacks and other food for direct purchase or for purchase through its affiliated sales representatives (“Products”).   These Terms of Use and our Privacy Policy, and all rules, policies, disclaimers made on this website or about which you are notified (collectively “Terms”) govern your access to and use of the Website.

Your access to and use of this website (the “Website”) is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Website you agree to be bound by these Terms.

You may use the Website and order the Products only if you can form a binding contract with Carve, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

 

This is an agreement between you and CarveBar. Please read the full Terms of Use and Privacy Policy for a complete understanding of the terms that govern your use of the site. 

THIS EXPLANATION IS PROVIDED AS A COURTESY AND IS NOT INTENDED TO BE BINDING.

LICENSE AND ACCESS 

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Carve grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website. This license does not include any collection or use of any product listings, descriptions, or prices; any derivative use of any Product or Website content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Carve or its licensors, suppliers, publishers, rightsholders, or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Carve without express written consent. You may not use any meta tags or any other “hidden text” utilizing Carve’s name or trademarks without the express written consent of Carve. You may use the Website only as permitted by law and in accordance with the Unlawful and Prohibited Uses paragraph below. The licenses granted by Carve terminate if you do not comply with these Terms of Use.

This website is intended for you to learn about Carve, its products, and to purchase Carve products.
YOUR ACCOUNT 

If you register with the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Carve only sells its Products via the Website to adults. If you are under 18, you may use the Website only with involvement of a parent or guardian and by entering any payment information you represent that you are over the age of 18 or have the authorization to use such payment method. Carve reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.

This website is intended to sell nutrition bars to adults. If you are under the age of 18 (or the applicable age in your state), please ask an adult to complete your purchase.
TRANSACTIONS 

 

If you wish to purchase any product made available through the Website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your purchase 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 Carve the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any purchase.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on this website 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 this website 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 this Website. Carve 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 coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all purchases; and (iv) refuse to provide any user with any product or service provided Carve grants a refund for any payments made for unfulfilled purchases. You agree to pay all charges that may be incurred by you or on your behalf through the Website, 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 purchase.

When you buy something on the website, we may need to provide your information to other parties in order to complete your order.
RETURNS, REFUNDS AND TITLE 

 

Any unused, unopened product purchased from Carve may be returned within thirty (30) days of purchase for a 100% refund of the purchase price. You are responsible for the shipping costs associated with any returned purchases.

 

Carve does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Carve does not take title to the refunded item.

  

If you are not happy with your purchase, you can return unopened packages for any reason within 30 days of purchase.

UNLAWFUL OR PROHIBITED USES 

 

The Carve website may only be used for lawful purposes in accordance with the terms of the license granted in these Terms of Use. As a condition of your use of this Website, you warrant to Carve that you will not use the Website or any Product for any purpose that is unlawful or prohibited by these Terms of Use. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

(a)       Make any commercial use of the Website or the Products, including making any collection or use of any product listings, descriptions, prices, or images;

(b)      download, copy, or transmit any content on the Website for the benefit of any other merchant;

(c) use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate, search, or collect information from the Website other than any search engine and search agents provided by Carve or generally publicly available browsers;

(d) frame, mirror, or use framing techniques on any part of the Website without Carve’s express prior written consent;

(e)       make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Website content, or otherwise scrape, collect, store, or use any content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms of Use;

(f)       use any meta tags or any other hidden text utilizing Carve’s name or marks;

(g)       misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make;

(h)      use a buying agent to conduct transactions on the Website;

(i)        conduct fraudulent activities on the Website;

(j)        violate or attempt to violate the security of the Website, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Website; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Website, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of Carve (impersonating Carve or Website) or to Carve (impersonating another user);

(k) send unsolicited or unauthorized email on behalf of Carve, including promotions and/or advertising of products or services;

(l)        tamper with the Website or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Website or any activity being conducted on the Website;

(m)     use the Website to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;

(n)      harvest or collect personally identifiable information about other users of the Website;

(o)       restrict or inhibit any other person from using the Website (including, without limitation, by hacking or defacing any portion of the Website);

(p)      use the Website to advertise or offer to sell or buy any goods or services without Carve’s express prior written consent;

(q)      reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Website;

(r)       modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website; or

(s)       remove any copyright, trademark, or other proprietary rights notice from the Website or materials originating from the Website.

Please use the website to buy great Carve products for yourself.
ELECTRONIC COMMUNICATIONS 

 

When you use the Website, or send e-mails to us, you are communicating with us electronically. By providing your email address to Carve, You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the Websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

By using the website or providing your email address, you agree that we may send you promotional emails or other advertisements.
EXPORT POLICY 

 

You agree that any purchased goods licensed or sold on the Website are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing or using technology from the Website, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.

 

We only sell products within the US. By making a purchase, you agree to comply with export laws.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY 

 

THE WEBSITEAND ALL CONTENT, INFORMATION, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY CARVE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CARVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR BY CARVE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND ALL PRODUCTS PURCHASED THROUGH THE WEBSITE IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CARVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE OR ANY PRODUCT PURCHASED THROUGH THE WEBSITE. CARVE DOES NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, CARVE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CARVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Carve sells all products “as-is” meaning that we don’t provide any warranties other than our 30 day refund policy.
DISPUTES 

 

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.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Carve Bar, LLC at 489 W Washington Blvd, Venice, CA, 90291. The arbitration will be conducted by JAMS under its Streamlined Arbitration rules in front of a single arbitrator selected in accordance with the Streamlined rules. The JAMS rules are available at http://www.jamsadr.com/rules-streamlined-arbitration/. Each party shall be responsible for its costs associated with any arbitration. Any arbitration brought under these Terms of Use must be either (a) conducted in Los Angeles County, California, or (b) conducted over the telephone.

 

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.

 

If any dispute arises, you agree that we will settle it in arbitration and not in court.
INDEMNIFICATION AND DEFENSE 

 

As a condition of the use of this Website, you agree to defend, indemnify, and hold harmless Carve and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of this Website and Claims alleging facts that if true would constitute a breach by you of these Terms of Use.

 

If you use the product you purchase from Carve in a manner that results in Carve incurring expenses, you agree to reimburse Carve.
APPLICABLE LAW 

 

By using the Product or any Carve Product, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Carve.

 

California law governs these Terms of Use and your use of the Website.
SITE POLICIES, MODIFICATION, AND SEVERABILITY 

 

We reserve the right to make changes to our website, policies, and these Terms of Use at any time and such changes will be effective immediately upon being posted on the Website. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.   Each time you use the Website, you should review the current Terms of Use. You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” paragraph at the bottom of these Terms of Use.

 

Carve reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Website and to block or prevent future access to and use of the Website (i) if you violate any of these Terms of Use, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Website will immediately cease. You agree that we shall not be liable to you or any third party for any termination of your access to the Website. Upon termination, all provisions of these Terms of Use which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.

 

We may update these Terms in our discretion.   The Terms available on the website when you purchase something on the website will govern your purchase.
COPYRIGHT COMPLAINTS 

 

Carve respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please feel to contact us at hello@carvebar.com with any questions or concerns.

 

 

If you believe that anything on our website infringes on your intellectual property, let us know!

 

Last Updated:

  • January 1, 2016. Initial publication.