Terms of Service

BEFORE Brands’

Terms of Use Agreement

Effective as of  October 4th, 2016

 

  1. Acceptance of the Terms and Conditions.
    1. BEFORE Brands Inc. (herein referred to as “BEFORE Brands,” “we,” “us” or “our”) provides and makes available this website (the “Site”). All use of the Site is subject to the terms and conditions contained in this Terms of Use Agreement (this “Agreement”).
    2. Binding Agreement.  Please read this Agreement carefully. By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Site.  Section titles in these Terms are for convenience only and have no legal or contractual effect.
    3. Additional Terms.  Your rights to access, download and/or use any BEFORE Brands products or services made available through the Site will be subject to the terms and conditions of the agreement identified on the Site and/or in connection with such products and services applicable to each such product or service (“Additional Terms”), and you agree to comply with those terms and conditions.
    4. Changes to this Agreement.  You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Site. The revised terms and conditions will become effective at the time of posting. Any use of the Site after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Site.
    5. Privacy Policy.  Your access to and use of the Site is subject to the BEFORE Brands’ Privacy Policy, the terms and conditions of which are hereby incorporated by reference herein.
  2. Use of the Site.
    1. Proprietary Rights.  This Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other Site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
    2. Third Party Material.  BEFORE Brands will not pre-screen or review Content uploaded by users or visitors of the Site, but BEFORE Brands reserves the right to refuse or delete any such Content. In addition, BEFORE Brands shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate this Agreement or be otherwise illegal. BEFORE Brands does not guarantee the accuracy, integrity or quality of any Content. Under no circumstances will BEFORE Brands be liable in any way for any Content, including liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site.
    3. Registration Data.  If required by BEFORE Brands, each user must: (a) provide true, accurate, current and complete information on the Site’s registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Site (or any portion thereof) by that user other than as expressly provided herein. Each user will receive a password and account designation upon completing the registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring there under. BEFORE Brands cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify BEFORE Brands of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session. BEFORE Brands handles user Registration Data in accordance with BEFORE Brands’ Privacy Policy.
    4. Trademarks.  The trademarks, service marks, and logos of BEFORE Brands (the “BEFORE Brands Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of BEFORE Brands. Other BEFORE Brands product, and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the BEFORE Brands Trademarks, the “Trademarks”). Nothing on this Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the prior written consent of BEFORE Brands specific for each such use. The Trademarks may not be used to disparage BEFORE Brands or the applicable third-party, BEFORE Brands’ or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any Site is prohibited without BEFORE Brands’ prior written consent. All goodwill generated from the use of any BEFORE Brands Trademark shall inure to BEFORE Brands’ benefit.
    5. Site Content.  Certain elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2.1 of this Agreement. None of the Content for this Site may be retransmitted without the express written consent from BEFORE Brands for each and every instance.
    6. Rules of Conduct.  You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, (d) delete or alter any material posted on the Site by BEFORE Brands or any other person or entity, (e) frame or link to any of the materials or information available on the Site, or (f) use the Site for any fraudulent or unlawful purpose.
    7. Third Party Websites and Content.  The Site contains links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links, the information, collection and use practices of those sites,  or any content located on such External Sites.

We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all Sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.

  1. Limitation of Liability and Disclaimer of Warranties.
    1. Disclaimer of Warranties. BEFORE BRANDS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “BEFORE BRANDS PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE BEFORE BRANDS PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.

THE BEFORE BRANDS PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO BEFORE BRANDS PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE BEFORE BRANDS PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

    1. Limitation of Liability. IN NO EVENT SHALL ANY BEFORE BRANDS PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, INCLUDING PERSONAL INFORMATION, OR BUSINESS INTERRUPTION RESULTING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH BEFORE BRANDS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF ANY OTHER BEFORE BRANDS PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. By using this website, user agrees to the limit of liability of $100.00 and fully and forever releases, relieves, waives, relinquishes and discharges BEFORE Brands Parties, and their current and future parents, affiliates, subsidiaries, and each of its respective officers, directors, shareholders, members, agents, servants, employees, insurers, representatives, predecessors, successors, assigns, and attorneys (the “Released Parties”), of and from any and all causes of action, suits and liabilities, now, heretofore existing at law or in equity, whether known or unknown, asserted or unasserted, against BEFORE Brands Parties.  If you are a California resident, you waive California Civil Code Section 1542 regarding the Released Parties. California Civil Code Section 1542 says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable or similar statute or doctrine.
    2. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE BEFORE BRANDS PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  1. Indemnification.

You agree to defend, indemnify, and hold harmless the BEFORE Brands Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content, Site or information collection through the Site including personal information. BEFORE Brands shall provide notice to you of any such claim, suit, or proceeding. BEFORE Brands reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting BEFORE Brands’ defense of such matter.

  1. Termination of the Agreement.
    1. BEFORE Brands reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. BEFORE Brands reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.
    2. Sections 2 (Use of the Site), 3 (Limitation of Liability and Warranty), 4 (Indemnification), 5 (Termination of Agreement), 7 (Miscellaneous), and 9 (Arbitration, Class Waiver, and Waiver of Jury Trial) shall survive the termination of this Agreement.
  2. User Must Comply with Applicable Laws.

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

  1. Miscellaneous.

If any provision of this Agreement 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 this Agreement, which shall remain in full force and effect. Failure of BEFORE Brands to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against BEFORE Brands unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by BEFORE Brands and you, this Agreement constitutes the entire agreement between you and BEFORE Brands with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors and assigns. Any information submitted or provided by you to the Site might be publicly accessible. Important and private information should be protected by you. BEFORE Brands is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.

  1. PRODUCT INFORMATION AND MEDICAL DISCLAIMER

Information presented on this Site is intended to impart general information about any current and possible future product(s), which may be available in a variety of modalities and routes of administration. Discussion of possible future products is not a guarantee that they will be commercialized or be available in the US.

This Site may also provide general information about healthy eating, nutrition, and food allergies. This is not a substitute for medical information from your healthcare provider. 

BEFORE Brands not engaged in rendering medical advice, counseling or other services. The information presented on this Site is not intended to diagnose, treat, cure or prevent any disease. The statements on this Site have not been evaluated by the FDA (The U.S. Food and Drug Administration). Information about structure/function claims about dietary supplements or information about other possible BEFORE Brands products are not substitutes for a healthcare provider consultation. 

 

You should consult your healthcare provider for any needed medical advice for your child, whether counseling or other services, and seek advice prior to undertaking a new diet for your child, including introducing new foods or using any BEFORE Brands product, if your child has any medical condition, including any food allergies, or is taking any medication.  Content on this Site is for reference purposes and is not intended to substitute for advice given by a physician, nutritionist, pharmacist, or other licensed healthcare professional.  


Do not provide any BEFORE Brands product(s) to your child if your child has food allergies. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

 

While we work to ensure that product information on this Site is up to date, on occasion manufacturers may alter their processing and manufacturing processes. Actual product packaging and materials may contain more and/or different information than that shown on this Site. We recommend that you do not solely rely on the information presented on this Site and that you always read labels, warnings, and directions before using or consuming any of our product(s).

 

You should not use this information for diagnosis or for treating a health condition or disease of your child. Contact your healthcare provider immediately if you suspect that your child has any medical condition.

 

  1. Arbitration, Class Waiver, and Waiver of Jury Trial

This Agreement and the relationship between you and BEFORE Brands shall be governed by the laws of the State of California, without respect to its conflict of laws provisions. You agree to first contact BEFORE Brands at support@beforebrands.com regarding any claim or controversy arising out of or relating to these Terms of Use or your use of the Site. You and BEFORE Brands agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the BEFORE Brands Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in California. You covenant not to sue BEFORE Brands in any other forum. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. You agree that BEFORE Brands may recover reasonable attorneys’ fees from you if BEFORE Brands prevails in an action for injunctive relief against you.

You also acknowledge and understand that, with respect to any dispute with the BEFORE Brands Parties arising out of or relating to your use of the BEFORE Brands Site or this Agreement:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
  • YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

Contact.


For questions, comments, or assistance, please contact us by email at support@beforebrands.com or at the address listed below:


880 Santa Cruz Avenue, Suite 200
Menlo Park, CA 94025