terms & conditions

Welcome to 8Greens.com hosted by Tasty Greens, LLC, a Delaware limited liability company (hereafter also referred to as “8G” “we” and “us”). Please review the following terms and conditions concerning your use of and access to the 8G website located at www.thesweatbar.com and any services offered therefrom (collectively referred to hereafter as, the “Website”). By accessing, using, purchasing or downloading any goods, materials or content from the Website, you agree to follow and be bound by the following terms and conditions (the “Terms & Conditions”) and any other terms and conditions embodied any other agreements you enter into with us. If you do not agree with the Terms & Conditions, you may not use the Website.

The Terms & Conditions together with the Privacy Policy (accessible via the following link: http://8greens.com/pages/privacy-policy ) explain how we operate the Website, the ways that you are permitted to use the Website, tools available at the Website, and any support services (including online and mobile access to our software) available through use of the Website (collectively referred to hereafter as the “Service”).

THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.

Important Notice: YOU SHOULD ALWAYS CONSULT WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DIETARY SUPPLEMENT. The health, nutrition and fitness information provided through the Website are broad in nature and in scope, for informational purposes only and are not meant to be a substitute for the advice provided by your doctor or other health care professional. The claims made about products available via the Website have not been evaluated by the Food and Drug Administration. Dietary supplements available via the Website are not intended to diagnose, treat, cure or prevent diseases. For personal healthcare information and advice and before revising your health, nutrition or fitness strategies, please consult your physician or other professional healthcare advisor who is familiar with your personal circumstances. We do not guarantee that the content or products available through the Website are safe and appropriate for every individual. You should read carefully all product packaging prior to consumption and use. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your doctor or healthcare professional regarding any interactions between any medication you are currently taking and dietary supplements.

Privacy

Any information (including personally identifiable information and payment account information) you submit to our site is governed by the Privacy Policy (accessible via the following link: http://8greens.com/privacy-policy/. The Privacy Policy encompasses any and all information you may provide to our site either for purposes of creating an account, submitting an order or inquiry or to receive further information, updates and promotions about or related to the Website or Service.

changes to the terms & conditions

We reserve the right to change the Terms & Conditions at any time by posting an updated version to this web page to reflect those changes. Changes to the Terms & Conditions may arise for a variety of reasons, including without limitation, changes in market conditions affecting our business, technology or our business model, relevant laws and regulatory requirements, and our systems.

You agree to periodically review the Terms & Conditions from time to time to take notice of any changes we make, as they are binding on you. Continued access or use of our site shall be deemed conclusive evidence of your acceptance of any modified terms or conditions.

Accessing and Using the Website/Service

LIMITED LICENSE TO USE THE WEBSITE/SERVICE AND RELATED RESTRICTIONS

Subject to and conditional upon your compliance with the Terms & Conditions and other agreements between you and 8G (including any payment terms), 8G hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to use certain software applications and platforms accessible through the Website/Service (collectively, “8G Software”). 8G reserves all other rights in 8G Software not expressly granted to you in the Terms. You may not use 8G Software in any manner that could: (i) damage, disable, overburden, or impair the software application or platform (or any server or networks connected thereto), or (ii) interfere with any third party's use and/or enjoyment of the software application or platform (or any server or networks connected thereto).

Except as expressly specified in the Terms & Conditions, you may not: (a) copy or modify the 8G Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute 8G Software to any third party; or (c) use the 8G Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms and Conditions. You acknowledge and agree that portions of the 8G Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of 8G and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the 8G Software provided in object code or any other 8G products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

CUSTOMER ACCOUNT ACCESS

In order to utilize certain services offered by the Website, you may need to create a customer account. You can do this via the Website or through your account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

In connection with your creation of a customer account, you agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your computer; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to the Website or your account; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

By creating a customer account, you consent to receive electronic communications from 8G either in the form of email sent to you at the email address listed on your account or by communications posted on the Website. You acknowledge and agree that any electronic communication in the form of such email or posting on the Website shall satisfy any legal requirement that such communication be in writing.

TERMS OF SALE

All 8G product sales from the Website are governed by any terms of sale that are posted on the Website. Prices and offers are subject to change. You should refer to our terms of sale to learn more about our return policy, and shipping terms located at http://8greens.com/privacy-policy/. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in 8G’s sole discretion, so you should review the terms of sale each time you make a purchase. Additional information may be found in our online shopping sections of the Website.

PRICES/CHARGES & TAXES

The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

RETURN POLICY

If you are not completely satisfied with your order we can offer a refund providing that goods are returned to us within 30 days of purchase. Please email us hello@8greens.com for a return authorization. We aim to handle your returns within 10 working days of receiving the goods. Please note that if you have purchased your products via one of our retailers you will need to arrange your return or exchange with them directly.

ADDITIONAL PAYMENT AND ORDER TERMS

The amounts due and payable by you for any product that you purchase through the Website (including any applicable shipping charges and taxes) will be presented to you before you place your order. If you place an order for any products via the Website, you agree (a) that 8G may charge your credit card for verification, pre-authorization and payment purposes, and (b) to bear any additional charges that your bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. We accept the following credit cards at this time: Visa, MasterCard, American Express, Discover, and JCB. We also accept PayPal. You’ll receive a confirmation email after we confirm the payment for your order and you will be charged once your order ships. Your order is not binding on 8G until accepted and confirmed by 8G. We reserve the right to limit the order quantity on any product, to elongate the delivery timeline for any reason after the order has been placed, and/or refuse to ship product to any customer for any reason. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with 8G. 8G reserves the right to not process or cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances 8G deems appropriate in its sole discretion. 8G also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. 8G will either not charge you or refund the charges for orders that we do not process or cancel. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. In the event that a refund is issued, it can only be issued to the original form of payment.

QUANTITY LIMITATIONS & RESALE PROHIBITION

8G reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. We also reserve the right to prohibit sales to dealers.

QUESTIONS

You have the opportunity to contact us with any questions you may have about 8G products by emailing hello@8greens.com. Please do not send us any medical, therapeutic or treatment questions. 8G does not provide medical advice, and we urge you to contact your doctor or other health care professional if you feel you require medical advice or treatment.

information at the website

We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, certain information on the Website may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on our site. We reserve the right to amend the Website/Service without warning. Unless otherwise agreed to by us in writing, all features, content, specifications, products, services, and, as applicable, prices of products and services described or depicted on the Website are subject to change at any time without notice.

SECURITY

By creating an account with us, you acknowledge and agree that you are solely responsible for maintaining the confidentiality of your account information (including without limitation, username and password). You must treat your username and password, and any other security details, as confidential, and not disclose it to any other person. You must also prevent unauthorized access to your account. In addition, you must: (a) log off from your account at the end of each session on our site and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security. You agree to accept responsibility for all activities that occur under your account.

RESTRICTIONS ON AND TERMINATION OF USE OF THE WEBSITE/SERVICE

We have the right to suspend or close any account with us and block your use of our site if you have failed to comply with any part of the Terms & Conditions (as determined by us in our sole discretion). You understand that your account is individual to you and/or your organization, and we may suspend or close your account if you attempt to transfer or use your account to/for another person or organization. You are responsible for ensuring that any and all persons you authorize to use your account with us are aware of the Terms & Conditions, and that they fully comply with them. We reserve the right to refuse to provide access to the Website or to provide the Service, to any person or organization for any reason. It is your obligation to comply with all applicable state, federal and international laws. 


In consideration of being allowed to use our site, you agree that the following actions shall constitute a material breach of these Terms & Conditions

  • Collecting information about our site, users of the Website or Service without our written consent; 
  • Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Website, without our written consent. 
  • Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor our site or any portion thereof; 
  • Accessing or using the Website or Services for competitive purposes; 
  • Disguising the origin of information transmitted to, from, or through the Website; 
  • Impersonating another person or representative of an organization; 
  • Distributing viruses or other harmful computer code; 
  • Allowing any other person or entity to impersonate you to access or use our site; 
  • Using the Website or Service for any purpose in violation of local, state, national, international laws or regulations; 
  • Using our site or our services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; and 
  • Circumventing any measures implemented by us aimed at preventing violations of the Terms & Conditions.

MINORS MAY NOT USE THE WEBSITE/SERVICE

You must be at least 18 years old and can form legally binding contracts under applicable laws, to use the Website or Service. We do not accept users who are under the age of 18. By using the Website or Service or submitting any inquiries, orders or information to us, you represent and affirm that you are at least 18 years old.

Links to Other Websites

The Website may contain links to other websites which may be of interest to you. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by us. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. We do not accept responsibility for those sites. Accessing any such links from our site to gain access to other websites is at your own risk.

Intellectual Property Rights

Except where expressly stated otherwise, Tasty Greens, LLC is the owner or the licensee of all intellectual property rights located on the Website, in the materials published or otherwise made available on the Website and through the Service. Those works, marks or inventions are protected by copyright, patent and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us. Except where expressly provided otherwise by us, nothing on our site may be construed to confer any license or ownership right in or materials published or otherwise made available through our site or our services, whether by estoppel, implication, or otherwise. All rights not granted to you in these terms are reserved.

Copyright and Trademark Infringement Notice:

8G respects the intellectual property rights of others. All users of the Website represent and warrant they shall comply with all applicable copyright and trademark laws. In the event we receive proper notification of claimed copyright or trademark infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our Website and Services. If you believe any material on our site constitutes an infringement of a copyright or trademark you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or trademark holder, or if copyright and trademark laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright or trademark infringement notification must be a written communication, transmitted by fax or regular mail, setting forth the following:

  • a physical or electronic signature of the copyright or trademark owner or a person authorized to act on their behalf; 
  • detailed identification of the copyrighted work or trademark claimed to have been infringed; 
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 
  • your contact information, including your address, telephone number, and an email address;a statement by you 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; and 
  • 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 copyright owner.

Copyright or Trademark Infringement Notifications should be addressed as follows:legal@8greens.com

No Agency Relationship.

Except where provided for in a separate agreement with Tasty Greens, LLC, no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms & Conditions. Without limiting the foregoing, except as expressly set forth herein, Tasty Greens, LLC is not acting and does not act as an agent for any user or visitor of the Website or Service.

disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE WEBSITE AND SERVICE ARE PROVIDED "AS IS," AND ARE FOR USE SOLELY AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH THEREIN, TASTY GREENS, LLC HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO OUR SITE AND OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF 8G PRODUCTS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR SERVICE AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE OR SERVICE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE, SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE PRODUCTS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE WEBSITE OR SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE, SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Limitation of liability

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TASTY GREENS, LLC, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, EXCEED $500.00. IN NO EVENT SHALL TASTY GREENS, LLC OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS & CONDITIONS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICE THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION.”

Indemnification

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TASTY GREENS, LLC, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, EXCEED $500.00. IN NO EVENT SHALL TASTY GREENS, LLC OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS & CONDITIONS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICE THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION.”

Conflicts

Shall a conflict or contradiction exist between these Terms & Conditions and any others which relate specifically to a particular section of the Website, the specific terms relevant to that section shall prevail.

Severability

Any provision of the Terms & Conditions found to be unenforceable will not void nor effect other provisions of this agreement.

ARBITRATION AGREEMENT & CLASS ACTION WAIVER

You and Tasty Greens, LLC agree that any dispute between us (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to the Website or Service, any transaction or relationship between us resulting from your use of the Website or Service, communications between us, or the purchase, order, or use of 8G products, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Tasty Greens, LLC agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration. You and Tasty Greens, LLC further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.


BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate arbitration with AAA, Tasty Greens, LLC will promptly reimburse you for any standard filing fee which may have been required by AAA once you have notified Tasty Greens, LLC in writing and provided a copy of the arbitration demand. However, if 8Greens is the prevailing party in the arbitration, Tasty Greens, LLC shall be entitled to seek and recover its attorneys’ fees and costs subject to the arbitrator’s determination and applicable law. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.


There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Tasty Greens, LLC and may not preside over any kind of representative or class proceeding against Tasty Greens, LLC, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST TASTY GREENS, LLC, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY

Governing Law & Exclusive Venue

Any and all claims relating to or arising out of your use of the Website, including any services offered by or transactions consummated via the Website, shall be governed by the laws of the State of New York. Subject to the Arbitration Agreement and Class Action Waiver, any non-covered disputes, actions, claims or causes of action arising out of or in connection with these Terms & Conditions or the Website or Service shall be subject to the exclusive jurisdiction of and must be brought in the state and federal courts located in New York County, New York. By using the Website or Service, you agree to the exercise of jurisdiction over you by the foregoing courts.

Miscellaneous

The Terms & Conditions (together with the Privacy Policy) represent the parties' entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. We reserve the right to change these Terms & Conditions or policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms & Conditions because they are binding on you. Certain provisions of these Terms & Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.


You may not assign these Terms & Conditions without the prior written approval of Tasty Greens, LLC. Any purported assignment in violation of this section shall be void. Tasty Greens, LLC reserves the right to use third party providers in the provision of the Website and Service. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms & Conditions, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are expressly reserved by Tasty Greens, LLC.

Contact Us

Please feel free to contact us with any comments, questions or suggestions you might have regarding the Website. You may contact us at: hello@8greens.com. Our physical address is 1090 King Georges Post Rd #505 Edison, NJ 08837.


Terms & Conditions last modified on JANUARY 2016.

SMS MOBILE MESSAGE MANAGEMENT PROGRAM TERMS AND CONDITIONS


ElectricSMS (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.


User Opt In

The Program allows Users to receive SMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or predetermined mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.


User Opt Out

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, STOPALL, to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.


Duty to Notify and Indemnify

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.


YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.


Program Description

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the management of the users digital subscription, services, and events.


Cost and Frequency

Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.


Support Instructions

For support regarding the Program, text “HELP” to the number you received messages from or email us at wesley@electricsms.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.


Our Disclaimer of Warranty

The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.


Participant Requirements

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.


Age Restriction

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.


Prohibited Content

You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.


Dispute Resolution

In the event that there is a dispute, claim, or controversy between you and Us, or between you and Agency Enterprise LLC d/b/a ElectricSMS or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, California before one arbitrator.


The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which ElectricSMS’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.


Miscellaneous

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.