Terms & Conditions of Use Archive
PLEASE READ THESE TERMS AND CONDITIONS OF USE, WHICH INCLUDES OUR PRIVACY POLICY, BECAUSE IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CLIF BAR & CO.
Thank you for visiting http://www.clifbar.com (the “Site”) which is operated by
Clif Bar & Company (“Clif Bar”, “we”, “us”, or “our”)! We hope you find our Site informative and enjoyable. Please
read these Terms and Conditions of Use carefully because by using our Site, using, downloading or installing any
software and/or Content (as defined herein) available from or through our Site (or attempting to do any of these) it
means that you agree to be bound by and comply with these Terms of Use, which includes and incorporates our Privacy Policy and when we refer to
our Terms and Conditions of Use, we mean it shall include our Privacy Policy as well.
Content and
Copyright, Trademark, and Related Issues
The contents, including information, text and graphics
and all other material contained on the Site or features and functions we make available on our Site (collectively,
the "Content") are for your personal informational purposes only. We authorize you to view or download a single copy
of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other
notice we place on any Content. Content is owned by us or our licensors and is protected by copyright, trademark and
other laws and regulations of the United States and foreign laws. You may not use Content in any way not expressly
permitted by these Terms and Conditions and if you do, your right to use the Content will automatically terminate.
The Content and the Site generally, are subject to change or termination without notice.
The trademarks,
names, slogans, logos, characters and service marks (collectively "Trademarks") displayed on our Site belong to us
or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to
use any Trademark displayed on our Site. Your use/misuse of the Trademarks displayed on our Site, except as provided
in these Terms and Conditions, is strictly prohibited.
Clif Bar will aggressively enforce its intellectual
property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted
herein are reserved.
Nutrition, Fitness and Well Being Information
Certain Content
presented on Site is intended to impart general nutrition, fitness and wellness information. The Content 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.
If you think you may have a medical emergency, call your doctor or 911 immediately. Neither we
nor the Site recommends or endorses any specific tests, physicians, products, procedures, opinions, course of
treatment or therapy or other information on or associated with the Site. You should always consult your own
qualified health care professional concerning your particular circumstances and needs and not rely on our Site or
Content. Using our Site is solely at your own risk.
User Submissions
The Personal
Information you submit to the Site is governed by the Privacy Policy. When we use the term
“Personal Information” we mean information such as your first/middle initial or name and last name, street address,
town or city, state, zip code, telephone number, email address, gender and any other information that would allow
someone to identify you or contact you. You agree you will not send, upload or transmit any communication or content
of any type that infringes or violates any rights of any party or violate these Terms of Use. By submitting or
otherwise exchanging communications or content, you understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, tags, or other materials ("User Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from whom such User Content originated, and you
agree that such User Content will not be considered or treated as confidential and (i) you acknowledge and
understand others may see, read, use or re-transmit such User Content, (ii) you explicitly represent and warrant
that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content
and (iii) that Clif Bar is thereby granted a royalty-free, perpetual, irrevocable, unrestricted world-wide
nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt,
transform, distribute, transmit, broadcast, perform and display such User Content in any media or medium, or any
form, format, or forum now known or hereafter developed. Clif Bar may sublicense its rights through multiple tiers
of sublicenses. Clif Bar, however, is under no obligation to use the User Content.
Linking / Third
Party Links on Our Site
Our Site may contain links to other Web sites. Clif Bar does not
recommend, monitor, control or endorse any third party advertising or content, or the content on any third-party Web
sites and is not responsible for such Web sites’ terms of use or privacy policies or how they may treat your
information. Your use of third-party Web sites is at your own risk. Please be mindful of this as you link to other
sites.
In general, Clif Bar does not object to links to our Site from third-party Web sites. However, you
must abide by the following rules:
• Unless we have a written agreement with you, you may not use any of our
Trademarks in or with your links, except that you may link to our Site using the plain text name of our Site.
•
Do not present the link to our Site in any way that suggests Clif Bar or our Site has any relationship or
affiliation with your Web site or endorses, sponsors or recommends the information, products or services on your Web
site, unless you have a specific written agreement with Clif Bar to do so;
• Link only to the home page of our
Site; and
• Do not, without Clif Bar's written permission,: (a) incorporate any content from our Site into your
Web site (e.g., by in-lining or framing); or (b) use any of our Trademarks or any words or codes identifying our
Site in any "metatag" or other information used by search engines or other information location tools to identify
and select Web sites.
Clif Bar will not tolerate links from any obscene, scandalous, profane, defamatory,
unlawful Web site, or any Web site that may adversely affect the name, reputation and goodwill of Clif Bar and its
products. Clif Bar reserves the right to cancel permission to link at any time, for any reason.
Limitation of Liability
The use of the Site and Content is at your own risk and are
provided "as is." Transmissions over the Internet and communications networks is not in our control and can never be
completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise
or corruption of any data or other information transmitted in connection with use of the Site, including information
you provide to us or our Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, CLIF BAR AND THE SITE DISCLAIM ALL
WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
In no event shall we, the
Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation,
direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost
data or business interruption, regardless of the form of action or the basis of the claim, whether based on
warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of
the possibility of damages. If, for any reason, Clif Bar shall be found to be liable, our aggregate liability to you
or any other party or parties claiming with, under or through you, shall be limited to U.S. $1000, notwithstanding
any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site,
Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action
arose.
Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in
part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms of
Use shall always be construed to take full advantage of their meaning to the extent permitted by law. You should
consult your own legal advisor should you wish to determine the laws and regulations that apply to
you.
Indemnification
You agree to defend, indemnify, and hold Clif Bar, its officers,
directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands,
liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or
alleged to result from, your violation of these Terms and Conditions.
General
Clif
Bar is based in Emeryville, California, in the United States of America. Clif Bar makes no claims that the Site, any
Content or User Content are appropriate or may be transmitted, used or installed outside of the United States.
Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United
States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Any terms or
conditions in these Terms of Use that must survive to give effect to their meaning, shall survive the
termination, expiration or cancellation of these Terms of Use.
Law that Applies; Interpretation
and Modification
You expressly agree and personally submit to the exclusive jurisdiction of
the courts of the County of Alameda, State of California, to adjudicate and resolve any dispute with Clif Bar,
its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and
Content providers or in any other way relating to the Site, including, Content or User Content. YOU HEREBY
IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM
TO HEAR CLAIMS AND DISPUTES.
These Terms of Use are governed by the substantive laws of the State of
California, without respect to its conflict of laws principles. If any provision of these Terms of Use is found
to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or
condition or any other term or condition. We may modify these Terms of Use, including our Privacy Policy, at any
time and although we will generally try and provide at least 30 days’ advance notice of the effective date of
any material modification, if we do not provide advance notice, the modification will take effect when we post
the change on our Site. Accordingly, we urge you to check back frequently so that you are aware of the terms and
conditions that apply to you.
Copyright Violations
Clif Bar respects the
intellectual property rights of others. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide Clif Bar’s Copyright Agent with the information specified below in the
form of a “Notification of Alleged Infringement.” It is Clif Bar’s policy to respond to clear Notifications of
Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as
straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or
difficult to understand or verify. If you are concerned about the removal of or blocked access to your content,
please provide Clif Bar’s Copyright Agent with the written information specified below in the form of a
“Counter-Notification.” The forms specified below are consistent with the forms suggested by the United States
Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov).
DMCA NOTIFICATION OF ALLEGED
COPYRIGHT INFRINGEMENT
If you would like to submit a claim of copyright infringement, please
substantiate each claim by sending Clif Bar’s registered Copyright Agent a Notification of Claimed Infringement
at the email or mailing address below:
Copyright Agent
Amy Norris
1451 66th Street
Emeryville, CA 94608
While you may call us, this does not constitute a proper Notification to us. To be
considered effective, a Notification of Alleged Infringement must be submitted in writing and include the
following information:
(a) Physical or electronic signature of the owner, or a person authorized to
act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
(b)
Identification of the copyrighted material claimed to have been infringed.
(c) Identification of the
material that is claimed to be infringing or to be the subject of infringing activity that is to be removed
or access to which is to be disabled.
(d) Information reasonably sufficient to permit Clif Bar to
locate the material that is claimed to be infringing or to be the subject of infringing activity.
(e)
Information reasonably sufficient to permit Clif Bar to contact you, such as a physical address, email
address, and telephone number.
(f) 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.
(g) A statement that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.
DMCA COUNTER-NOTIFICATION
If you elect to send us a
Counter-Notification, please send an email or letter to Clif Bar’s registered Copyright Agent at the email
or mailing address below:
Copyright Agent
Amy Norris
1451 66th Street
Emeryville, CA 94608
While you may call us, this does not constitute a proper Counter-Notification to us. To be
considered effective, a Counter-Notification must be submitted in writing and include the following
information:
(a) Physical or electronic signature of the user or a person authorized to act on
behalf of the user.
(b) Identification of the material that has been removed or to which access
has been disabled and the location at which the material appeared before it was removed or access to it
was disabled.
(c) A statement under penalty of perjury that the user has a good faith belief
that the material was removed or disabled as a result of mistake or misidentification of the material to
be removed or disabled.
(d) The user's name, address, and telephone number, and a statement that
the user consents to the jurisdiction of the County of Alameda, State of California and that the user
will accept service of process from the person who submitted the Notification of Claimed Infringement or
an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person
who knowingly materially misrepresents that material or activity was removed or disabled by mistake or
misidentification may be subject to liability. Please also be advised that we enforce a policy that
provides for the termination in appropriate circumstances of users who are repeat
infringers.
Complete Agreement
These Terms of Use, including our Privacy Policy,
constitute the entire agreement between you and Clif Bar regarding the Site and supersedes any and all
other terms, representations, promises or discussions. Only Clif Bar has the authority to agree to
amendments to these Terms of Use, and to be and be considered binding, any amendments must be in writing
and executed by Clif Bar.
Questions or comments regarding this Site, including reports of
non-functioning links, should be submitted using our “Contact Us” form or via U.S. mail to: Clif Bar &
Company, 1451 66th Street, Emeryville, CA 94608
CLIF BAR MAY REVISE THESE TERMS AND CONDITIONS BY
UPDATING THIS POSTING
May 2011