Welcome to our Web site DrBronner.com (the “Site”). The Site and any other Dr. Bronner’s electronic platforms (collectively, the “Platforms”) are hosted by Dr. Bronner’s.
We may, from time to time, modify the terms and conditions of this Agreement. Whenever we make changes to this Agreement, we will post those changes here. Your use of the Platforms following any such modification constitutes your understanding of and agreement to the terms and conditions of the current modified Agreement. The date of the most recent update is listed at the end of this document.
Dr. Bronner’s does sell products for children, but we do not sell products to children. We only sell products to adults (people eighteen years old and older) who can purchase them with a credit or debit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, including, without limitation, if we believe that user conduct violates applicable law or is harmful to the interests of Dr. Bronner’s or its affiliates.
Dr. Bronner’s® is a registered trademark of All-One-God-Faith, Inc. in the United States and other countries.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Dr. Bronner’s or third-party products or Platforms, whether or not appearing in large print or with the trademark symbol, belong exclusively to All-One-God-Faith, Inc. or their respective owners and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any related materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Platforms confers on you any license or right under any patent or trademark owned by All-One-God-Faith, Inc. or any third party.
All copyrights in the text, images, photographs, graphics, user interface and other content provided on the Platforms, and the selection, coordination and arrangement of such content, are owned by All-One-God-Faith, Inc. or its third-party licensors to the full extent provided under the United States Copyright Act and all applicable international copyright laws. Under applicable copyright laws, you are expressly prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Platforms for any purposes. Nothing stated or implied on the Platforms confers on you any license or right under any copyright owned by All-One-God-Faith, Inc. or any third party.
The Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise expressly permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit or circulate to anyone the contents of the Platforms, or use the contents of the Platforms in litigation, or for any commercial or promotional purposes, without the express written consent of Dr. Bronner’s or its lawful successors and assigns. To request any type of usage permission, you may contact us by telephone at: 844-937-2551.
Notice of Copyright Infringement
Dr. Bronner’s respects the intellectual property rights of others. When we become aware of allegations of copyright infringement concerning any materials distributed through the Platforms, we will investigate the allegations thoroughly and take any actions we deem appropriate. This may include, in the case of individuals who repeatedly infringe on the copyrights of others, termination of access privileges.
If you believe that your work has been copied and is accessible on the Platforms in a way that constitutes copyright infringement, please immediately provide our Copyright Agent (see contact information below) with all the following information:
- Identification of the copyrighted work that you are claiming has been infringed;
- Identification of the allegedly infringing material on the Platforms that you are requesting to be removed;
- Your name, address, daytime telephone number and email address, so that we may contact you if necessary;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
- A statement that the information you are providing is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright(s) in question; and an electronic or physical signature of the owner of the copyright(s) in question or of someone authorized on behalf of the owner to assert infringement of copyright and to submit the statement.
Our Copyright Agent for notice of claims of copyright infringement on the Platforms is Erick Altona, General Counsel, who you may contact by telephone at: 760-743-1226.
License and Access to the Platforms
Dr. Bronner’s grants you a limited license to access and make personal use of the Platforms or their contents, but not to download (other than page caching) or modify them, or any portion of them, except with the express written consent of Dr. Bronner’s. This license does not include any resale or commercial use of the Platforms or their contents; any collection and use of any product listings, descriptions or prices; any derivative use of the Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining tools, robots, spiders or any similar data gathering and extraction tools.
Neither the Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purposes without the express written consent of Dr. Bronner’s. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layouts or forms) of Dr. Bronner’s or our affiliates without the express written consent of the respective owner. You may not use meta tags or any other hidden text incorporating Dr. Bronner’s name or trademarks without the express written consent of Dr. Bronner’s. Any unauthorized use shall constitute a violation of the terms of this Agreement, and the permission or license granted herein by Dr. Bronner’s shall terminate immediately.
Dr. Bronner’s also grants you a limited, revocable and non-exclusive right to create a hyperlink (“link”) to any page of the Site, so long as the link does not portray Dr. Bronner’s, its products or Site in a false, misleading, derogatory or otherwise offensive manner. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without the express written permission of Dr. Bronner’s.
Third-Party and Co-Branded Web Sites
The Platforms may contain links to Web sites operated by persons or entities other than Dr. Bronner’s (“third-party sites”) or to co-branded Web sites operated by a third party, including affiliates (“co-branded sites”). We provide such links for your reference and convenience only. A link from the Platforms to a third-party or co-branded site does not imply or mean that we endorse the content contained on that site, or endorse the operator or operations of that site. You are solely responsible for determining the extent to which you use any content provided by any third-party or co-branded sites which you access via links from the Platforms.
DR. BRONNER’S IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You agree to comply with all applicable laws in connection with your use of the Platforms, as well as any further limitations as may be set forth in any written or on-screen notices appearing on the Platforms. As a condition of your use of the Platforms, you warrant that you will not use them for any purpose that is unlawful or prohibited by this Agreement. You also warrant that all information you provide in connection with a purchase, transaction or any other interaction with the Platforms or any co-branded site will be accurate, complete and current.
You agree to pay all charges incurred by users of your credit card, debit card or other payment method in connection with a purchase, transaction or any other monetary interaction with Dr. Bronner’s or any co-branded site at the prices in effect when such charges are incurred. You also agree to pay any applicable taxes relating to any such purchases, transactions or any other monetary interactions.
By using the Platforms, you also agree not to violate, or attempt to violate, the security of the Platforms, including, without limitation, actions such as:
- Accessing data not intended for you or logging into a server or account that you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach any security or authentication measures without proper authorization;
- Attempting to interfere with the service of any user, host or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing” or “crashing” the Platforms;
- Sending unsolicited email of any type, including promotions and/or advertising of products, services or Web sites; and
forging any TCP/IP packet header, or any part of the header information, in any email or posting.
Risk of Loss
All products purchased on the Platforms are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Dr. Bronner’s. Title to products purchased on the Platforms, as well as the risk of loss for such products, passes to you when we deliver the products to the carrier.
Dr. Bronner’s attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content on the Platforms are accurate, complete, reliable, current or error-free. Most products displayed on the Platforms are also available in select retail stores in the United States and in select foreign markets, while supplies last. In some cases, merchandise displayed for sale via the Platforms may not be available in retail stores. Unless otherwise stated, the prices displayed on the Platforms are quoted in U.S. Dollars.
Dr. Bronner’s has made every effort to display as accurately as possible the colors of our products that appear on the Platforms. As the actual colors you see depend on your specific computer monitor or mobile device, however, we cannot guarantee the accuracy of your monitor’s or device’s representation of any color.
The Dr. Bronner’s Guarantee
Dr. Bronner’s guarantees every product we make. If you are not satisfied with one of our products at the time you receive it, or if one of our products does not perform to your satisfaction, you may return the product to the store from which you bought it or directly to us for repair, replacement or refund, in accordance with our Returns & Exchanges Policy.
Disclaimer of Warranties and Limitations on Liability
THE PLATFORMS ARE PROVIDED BY DR. BRONNER’S ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORMS OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, WEB SITES OR LINKED WEB SITES PROVIDED ON OR THROUGH THE PLATFORMS, INCLUDING, WITHOUT LIMITATION: THAT THE INFORMATION PROVIDED THROUGH THE PLATFORMS WILL BE FREE FROM ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION, TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE PLATFORMS WILL BE CORRECTED; OR THAT THE CONTENT ON THE PLATFORMS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORMS IS AT YOUR OWN SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DR. BRONNER’S DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL DR. BRONNER’S, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PLATFORMS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORMS, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OF ANY TYPE OR NATURE, INCLUDING THOSE DAMAGES: ARISING FROM YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE THE PLATFORMS OR ANY LINKED THIRD-PARTY OR CO-BRANDED WEB SITES; INCURRED IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO US THROUGH THE PLATFORMS; OR INCURRED IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your use of the Platforms, or to any products you purchase through the Platforms, shall be submitted to confidential arbitration in San Diego, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate Dr. Bronner’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of the California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree to defend, indemnify and hold harmless Dr. Bronner’s and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners, from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind or nature incurred by Dr. Bronner’s arising out of or relating to your use of the Platforms, your violation of this Agreement or your violation of any rights of another.
Miscellaneous Legal Provisions
We may discontinue the Platforms at any time and for any reason, without notice. We may change the contents, operation or any and all other features of the Platforms at any time and for any reason, without notice. We may discontinue or restrict your use of the Platforms at any time and for any reason, without notice.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Dr. Bronner’s as a result of this Agreement or your use of the Platforms. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court or law enforcement requests or requirements relating to your use of the Platforms or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of Dr. Bronner’s to enforce any provisions of this Agreement, or to respond to a breach by you or any other parties, shall not in any way waive its right to subsequently enforce any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is deemed invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid, unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding the Platforms and their content, and it supersedes any prior or contemporaneous communications between Dr. Bronner’s and you regarding the Platforms and their contents.
All rights not expressly granted herein are hereby reserved by Dr. Bronner’s.
Considerations for Non-U.S. Customers
Dr. Bronner’s is headquartered in the United States, and the Platforms are based in the United States. Please be aware that information you provide to us, or that we obtain as a result of your use of the Platforms, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Platforms, or by providing us with your information, you consent to this collection, transfer, storage and processing of information to and in the United States.
EFFECTIVE DATE: October 6, 2014