Last Modified: February 12, 2019
This Website is offered and available to users who are 13 years of age or older. If you are not 13 years of age or older you must not access or use the Website.
By purchasing any product or otherwise contracting with the Company through this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you are not of legal age you must not purchase any product through the Website or otherwise contract with the Company through the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org
The Company name, the terms “Peanut Butter & Co,” “Smooth Operator,” “Crunch Time,” “The Bee’s Knees,” “White Chocolatey Wonderful,” and “Dark Chocolatey Dreams,” the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to:
The Website may contain product review functions, reader comment functions, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Notwithstanding the foregoing, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express prior written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO IT.
WITHOUT LIMITATION OF THE FOREGOING, YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver and Severability
Your Comments and Concerns
This website is operated by Peanut Butter & Co., Inc., PO Box 2000, New York, NY 10101.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: email@example.com.
WEBSITE TERMS OF SALE
Last Modified: February 12, 2019
All sales are in U.S. Dollars. We make every effort to provide accurate pricing information on our website, but reserve the right to make corrections at any time during the sales process if an error occurs. To purchase product through our website you will be required to complete a form associated with the purchase of the product. Once you have completed the applicable form for the purchase of the product that you have added to your shopping cart, and upon submitting the required registration data, the credit card that you provided will be charged the applicable purchase price for the product, plus applicable shipping fees and sales tax.
If you have subscribed for regular deliveries of our product, your authorized credit card will be charged the applicable amount on a periodic, recurring basis every time your selected product is shipped to you pursuant to your subscription. You acknowledge and agree that Peanut Butter & Co. is not required to obtain and will not obtain any additional authorization from you for these recurring shipments and payments. Every time that your product is shipped to you in connection with your subscription, you re-affirm that Peanut Butter & Co. is authorized to bill to your authorized credit card for all related charges. While we make every effort to offer you the best product at the best available price, the price charged for a product in your subscription is subject to change at any time by Peanut Butter & Co. in its sole discretion. You may cancel your subscription at any time by speaking with a customer service representative or contacting us through our website. We will not refund fees paid prior to the termination of any subscription and you will remain liable for any unpaid charges previously billed to your authorized credit card. Peanut Butter & Co. reserves the right to suspend and/or discontinue a subscription in the event charges are rejected by your credit card company.
Use of Credit Card
We accept most major credit cards. If you use a credit card to make a purchase through our website, you will be asked to supply certain information to complete your purchase, including your credit card number, the expiration date of your credit card, a security code, your billing address, and your shipping information. By providing us with such information, you grant us, and the third party collecting that information on our behalf, the right to provide such information to third parties for purposes of completing the transactions. Verification of information may be required prior to the acknowledgment or completion of any transaction. You represent and warrant to us that you have the legal right to use the credit card(s) that you use in connection with any transaction.
Order Fulfilment, Shipment & Risk of Loss
We make every effort to promptly fill orders but cannot guarantee that the product you order will be in stock and immediately available for shipment. We make every reasonable effort to make sure that product is properly packed before shipping, and is received by you in fresh and undamaged condition, but cannot assume responsibility for damage to, or loss or theft of, product by third parties during the delivery process, or other negligent or willful conduct by third parties. Risk of loss and title for product purchased passes to you when we deliver your product to the third-party shipping company.
At this time, Peanut Butter & Co. will fulfill orders through our website for delivery in the continental United States, Alaska, and Hawaii. If you are in an area to which we do not ship, we invite you to look and ask for our product at a local retailer. Our products are carried at many retailers throughout the world.
Your Satisfaction with Products Purchased from This Website.
We are confident that you will love our products. We cannot accept returns of food products, however. If there was an error with your order, or if it arrived damaged, or for any reason you are not satisfied with your purchase from this Website, please contact us within two business of receiving your purchase so that we may take steps to try to rectify the matter. You may contact our customer care representatives by email at firstname.lastname@example.org or by telephone at 1-866-ILOVEPB (456-8372).
Your Satisfaction with Products Purchased from Other Retailers.
If you have a complaint or concern about the quality or safety of any Company products purchased at a third party retail outlet or third-party website, please contact us as soon as possible so that we may investigate the situation and take steps to rectify the matter if necessary. Please be sure to provide the name of the retailer where you made your purchase, a copy of the receipt, and the product name and product Best By Date and other codes printed on the top of the jar below the lid. You may contact our customer care representatives by email at email@example.com or by telephone at 1-866-ILOVEPB (456-8372).
PEANUT BUTTER & CO., INC. COPYRIGHT POLICY
Last Modified: February 12, 2019
Peanut Butter & Co., Inc. reserves all rights with respect to its website and the content thereof (the “Website”). Upon information and belief all copyrightable material on the Website is the property of Peanut Butter & Co., Inc. or its affiliated entities or published with the authorization of the third-party copyright owner, if any.
We take claims of copyright infringement seriously. We will respond expeditiously to notices of alleged copyright infringement that are received by the below designated copyright agent. If you believe any material accessible on or from the Website infringes your copyright, you may request removal of this material (or access to it) from the Website by submitting written notification to our copyright agent. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice must include substantially the following: (a) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (b) identification of the copyrighted work you believe to have been infringed, or, if multiple works are claimed to have been infringed, a representative list of the copyrighted works you claim to have been infringed; (c) adequate information by which we can contact you (including your name, mailing address, telephone number, and, if available, email address); (d) a statement, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner; (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) your physical or electronic signature.
Please address notices of the above kind to:
Copyright Compliance Officer
Peanut Butter & Co., Inc.
PO Box 2000
New York, NY 10101
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.