Terms and Conditions of Use

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 & COMPANY

Thank you for visiting http://www.clifbar.co.uk (the “Site”) which is operated by Clif Bar & Company of Berkeley, California, in the United States of America (“Clif Bar”, “we”, “us”, or “our”)! We hope you find our Site informative and enjoyable. Please read these Terms and Conditions of Use ("Terms 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 of Use, we mean it shall include our Privacy Policy as well.

While the Site is accessible to users anywhere around the world, please note that the Site and information contained on it is designed for users located in the United Kingdom.   We make no representation or warranty that the information and/or the materials contained in the Site are appropriate to, available for or relevant for any users in locations outside the United Kingdom.  The products and services promoted, advertised or offered on the Site are available only to customers located within the United Kingdom.   If you are located in the United States please refer our US website at http://www.clifbar.com

Content and Copyright, Trade mark, 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 authorise 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, trade mark and other applicable laws and regulations of the United Kingdom and elsewhere. You may not use Content in any way not expressly permitted by these Terms of Use 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 trade marks, names, slogans, logos, characters and service marks (collectively "Trade Marks") displayed on our Site belong to us or have been licensed to us. Nothing contained on our Site should be construed as granting any licence or right to use any Trade Marks displayed on our Site. Your use/misuse of the Trade Marks displayed on our Site, except as provided in these Terms of Use, 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.

Product Information

Country Variations

The ingredients and the nutritional information relating to our products will differ between the United Kingdom and other countries.  You should therefore not rely on product information on the Site when choosing to buy our products in the United States or any other country.  The product information on the United States website will not necessarily apply to any products you view or purchase on the Site.  Always refer to the relevant information for your country, which can be found on the packaging of our products in the applicable country.  Please note that reference to any product on the Site does not constitute an offer to sell or supply that product.

Nutrition, Fitness and Well Being Information

Certain Content presented on this 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 999 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.

Content

Using our Site and the Content is solely at your own risk.  The Content may contain inaccuracies or typographical errors.  Without prejudice to the limitations of liability below, we make no representation or warranty as to the accuracy, availability, completeness or reliability of any Content or information on the Site.

User Submissions

Any Personal Information you submit to any email addresses provided on the Site is governed by the Site's 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, county, post 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 to the email address listed on the "Contact Us" link that infringes or violates any rights of any party or violate these Terms of Use. By submitting or otherwise exchanging communications or content, including, without limitation, any personal or commercial information, idea, concept or invention (individually and collectively, “User Content”), and subject to the terms of our Privacy Policy, 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 licences necessary regarding such User Content and (iii) that Clif Bar is thereby granted a royalty-free, perpetual, irrevocable, unrestricted world-wide nonexclusive licence 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 sublicences. Clif Bar, however, is under no obligation to use the User Content.

Linking / Third Party Links on Our Site

Our Site may provide a link to our U.S. website.  Should you decide to access our U.S. website you acknowledge and agree that the laws of the State of California shall apply to all matters arising from or relating to the use and content of the U.S. website. 

Our Site may also contain links to other third party web sites or resources.  These links are for your convenience only and the relevant sites are not under our control.  Clif Bar does not recommend, monitor, control or endorse any third party advertising or content, or the content on any third party web sites or resources and is not responsible for such Web sites’ or resources' terms of use or privacy policies or how they may treat your information. You acknowledge and agree that Clif Bar and our Site are not responsible for the availability of external web sites or resources. You further agree that Clif Bar and our Site shall not be responsible or liable, directly or indirectly, for any damage, viruses or loss caused or alleged in connection with your use of content, goods or services available on an external Web site or resources. In the event you decide to access or use any other Web sites, you agree to do so 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:

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 are 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.

EXCEPT AS OTHERWISE EXPRESSLY SET OUT IN THESE TERMS OF USE, 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 QUALITY, TITLE, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE OR CORRESPONDENCE TO A PARTICULAR DESCRIPTION.

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.

Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements.  To the extent that you are a consumer nothing in these Terms of Use shall exclude our liability in respect of implied warranties as to skill and care, quality, fitness for a particular purpose, correspondence to a particular description or sample, or titles.  However, 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 of Use.

General

Clif Bar is based in Berkeley, 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 Kingdom. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United Kingdom, 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. 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 and the use of this website 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 of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use 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 of Use that apply to you.

Copyright Violations

If you believe any materials located on the Site (e.g. Content) infringes your copyright, you may request removal of those materials from our Site by contacting our designate copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorised version.
  2. Your name, address, telephone number and (if available) e-mail address.
  3. A statement that you have a good faith belief that the use of the materials you notify us about is not authorised by the copyright owner, its agent or the law.
  4. A statement that the information that you have supplied is accurate and that "under penalty of perjury" you are the copyright owner or are authorised to act on the copyright owner's behalf.
  5. A signature or the electronic equivalent from the copyright holder or authorised representative.


Our agent for copyright issues relating to this Site is:

Clif Bar & Company
Attn: Legal Department
1610 Fifth Street
Berkeley, CA 94710
United States of America

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 considered binding, any amendments must be in writing and executed by Clif Bar.

No term of these Terms of Use is intended to be enforceable by any person other than you or us.
Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using our “Contact Us” form or via mail to:

Clif Bar & Company
1610 Fifth Street
Berkeley, CA 94710
United States of America

CLIF BAR MAY REVISE THESE TERMS OF USE BY UPDATING THIS POSTING

October 2008