Effective Date: August 12, 2016
Welcome
This website is provided by 8TH Avenue Food & Provisions
We’ve designed our website to be useful, informative and fun, and we hope you’ll let us know how we can make it even better. All we ask in return is that you abide by the terms and conditions that follow. Please read them carefully because by using our website you agree to them.
Thanks for visiting!
Our Website
Unless otherwise specified, the material on our website is intended to provide information about 8TH Avenue and its products, and you may use the website to obtain such information. You may download and print copies of the materials on the website for such purposes, and to share such information with others, provided you don’t delete or change any copyright, trademark or other proprietary notices.
We (or our licensors) retain full and complete title to the website and all materials on the website.
If You Submit Material to Us…
(1) All remarks, suggestions, ideas, graphics or other information that you communicate to 8TH Avenue through this website becomes and remains our property. This means that…
- We don’t have to treat any such submission as confidential.
- You can’t sue us for using the ideas you submit (including, but not limited to, product or advertising ideas).
- We will have exclusive ownership of all present and future rights to all submissions.
- If we use them, or anything like them, for any purpose, we don’t have to pay you.
(2) You acknowledge that you (and not 8TH Avenue) have full responsibility for any submission you make, including the message, its legality, reliability, appropriateness, originality and copyright.
Information About Health & Wellness
Information accessible on this website is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. Always consult with your personal physician prior to changing or undertaking a new diet or exercise program. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.
Limitation on these Terms and Conditions
Any limitations of these terms and conditions are applied only as broad and inclusive as is permitted by law in the state of New Jersey, or any other state that restricts disclaimers, limitations of liability and/or remedies, and similar provisions.
Disclaimers of Warranties
The website and materials on our website are provided AS IS. This means that (subject to the exception below) we disclaim all express and implied warranties about the website and the materials on the website.
We make no warranties that:
- The materials on the website are up to date or complete;
- The website will be uninterrupted or error-free; or
- Our website or the servers that make them available are free of viruses or other harmful components.
Exception: In certain states, the law may not allow us to disclaim or exclude warranties, so the above disclaimer may not apply to you.
Please see our current nutrition labels for the most current information regarding our products.
Third Party Websites
This website sometimes provides links to other websites operated by third parties. We don’t endorse or approve any products or information offered at websites you reach through our website. Check the Uniform Resource Locator (URL) address provided in your browser to see if you are still viewing a website operated by 8TH Avenue or if you have moved to another website. Your use of any linked website is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked website.
Jurisdiction
8TH Avenue controls and oversees its website from the company’s offices in the United States of America. The materials on the website may not be appropriate or available for use outside of the United States. If you use our website from locations outside of the United States, you are responsible for compliance with any applicable local laws.
Arbitration
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
These terms and conditions and all matters arising out of or in connection with the website and/or terms and conditions shall be governed by and interpreted according to the laws of the State of Missouri (without applying the state’s conflict-of-law principles).
Any dispute arising out of or connected with this website and/or these terms and conditions not resolved amicably between you and 8TH Avenue Food & Provisions shall be resolved exclusively by binding arbitration as follows. You agree to give up your right to go to court to sue or seek relief from us.
- Arbitration shall take place in the City of St. Louis, Missouri, and shall be administered under the procedures established by the American Arbitration Association or as may otherwise be agreed upon by the parties.
- The party asserting the dispute (the “Petitioner”) shall indicate an intent to commence arbitration hereunder by giving written notice of such intent to the other party (the “Respondent”).
- If the Petitioner and Respondent are unable to resolve the dispute within 15 days following the receipt by the Respondent of the above notice, arbitration shall commence upon the delivery by the Petitioner to the Respondent of a petition complying with the Arbitration Rules of the American Arbitration Association (the “Rules”) and setting forth at a minimum (i) the acts or omissions complained of, (ii) the section(s) of the terms and conditions breached or otherwise involved, and (iii) the relief sought. The Respondent shall respond to such petition in conformity with such Rules and a counterclaim shall be permitted if timely filed and served.
- The arbitration shall be conducted by a single arbitrator in conformance with such Rules except that (i) the Petitioner and Respondent may provide any instructions to the arbitrator(s) which deviate from such Rules as the Petitioner and Respondent may mutually agree, and (ii) unless the Petitioner and Respondent mutually agree otherwise, they shall have the right to conduct discovery in any manner and to the extent authorized by the Federal Rules of Civil Procedure as interpreted by the Federal courts in the Eastern District of Missouri.
- If the Petitioner and Respondent are able to agree upon a single arbitrator within 10 days following commencement of the arbitration, such individual shall serve as the arbitrator. If the parties cannot mutually agree upon the selection of an arbitrator within 10 days following commencement of the arbitration, the arbitrator shall be selected in accordance with the rules of the then effective Commercial Arbitration Rules of the American Arbitration Association.
- With respect to any award in arbitration, the arbitrator:
- shall issue an award in writing which (A) sets forth findings of fact, (B) resolves each specific claim, (C) attaches a reasoned opinion, and (D) is signed by the arbitrator;
- may compel specific performance by the Petitioner or the Respondent of his or its respective obligations under the terms and conditions or award injunctive relief to restrain any breach of the terms and conditions by a Petitioner or Respondent, in each instance without the necessity of the Petitioner (A) alleging or proving damages as a result of the breach, or (B) posting any bond; provided, however, seeking or obtaining equitable relief shall not preclude a party to the arbitration from also seeking or obtaining an award for money damages in the arbitration; and
- shall equitably allocate between the Petitioner and Respondent all (A) administrative fees and expenses of the arbitrator(s) and the arbitration, and (B) fees (including reasonable legal fees) and expenses incurred by the prevailing party in the arbitration.
- Judgment upon an award in arbitration may be entered in any court of competent jurisdiction in the United States.
Class Action Waiver / Venue
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that you will resolve any disputes or claims with 8TH Avenue on an individual basis, and that any claims arising out of or in connection with the website and/or terms and conditions will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You further agree not to participate in any consolidated, class or representative proceeding brought by any third party arising out of or in connection with the website and/or terms and conditions.
If any court or arbitrator determines that the preceding waiver is void or unenforceable or that arbitration can proceed on a class basis, then the dispute or claim will not be subject to arbitration.
For any dispute or claim that is not subject to arbitration, you consent to exclusive jurisdiction and venue in the federal courts sitting in the Eastern District of Missouri, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in St. Louis County, Missouri. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
Modifications to the Website and Terms and Conditions
We are entitled to terminate or modify all or part of any of the website at any time, without notice to you.
We may modify these terms and conditions at any time by updating this posting. If we do so, we’ll also update the effective date at the top of this page.
Miscellaneous Points
If any provision of this agreement is unlawful, void or unenforceable, then the unlawful, void or unenforceable provision shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining sections of the terms and conditions shall remain in full force and effect.
