Terms of service

THANK YOU FOR SUPPORT. PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS REGARDING THE AGREED USE OF OUR WEBSITE BEFORE PURCHASING ANY OFFERED PRODUCT. ANY PERSON OR REPRESENTATIVE USING THIS SITE AGREES THAT ANY ACCESS, PURCHASE, OR USE OF THIS WEBSITE IS AN EXPRESS AGREEMENT, AND IS SUBJECT TO, THE FOLLOWING TERMS AND CONDITIONS. When “YOU” OR “YOUR” IS REFERENCED, IT MEANS THE PERSON ACCESSING THIS WEBSITE AND/OR PURCHASING ANY PRODUCT OFFERED THROUGH THE WEBSITE. THE TERMS PROVIDED HERE GOVERN AND CONTROL YOUR USE OF WWW.DAVESBODYBUTTER.COM (OTHERWISE REFERRED TO AS “WEBSITE” OR “SITE”) AND TO THE PURCHASE OF ANY PRODUCT THAT MAY BE OFFERED THROUGH THIS SITE (“SERVICES” OR “PRODUCT”). YOUR ACCESS TO THE SITE OR PURCHASE OF ANY PRODUCT IS EXPRESSLY SUBJECT TO THE TERMS AND CONDITIONS STATED HERE, INCLUSIVE OF EACH SECTION HEADING AND CONTENT IN EACH SECTION, AND ANY MODIFICATIONS AND AMENDMENTS FROM TIME TO TIME (THE “TERMS”). DRMJ, LLC OWNS THE RIGHTS TO DAVE’S BODY BUTTER, AND DRMJ, LLC, TRADING AS DAVE’S BODY BUTTER, IS OTHERWISE REFERRED TO AS THE “COMPANY”, “WE” OR “US”. BY ACCESSING THE SITE AND PURCHASING ANY PRODUCT THROUGH THIS SITE, YOU CONFIRM THE EXISTENCE OF A CONTRACT BETWEEN YOU AND THE COMPANY BASED ON THE TERMS. THE TERMS REPRESENT THE AGREED UNDERSTANDING, EXPECTATIONS, RIGHTS, DUTIES, AND OBLIGATIONS BETWEEN YOU AS A USER ON THE SITE OR PURCHASER OF ANY PRODUCT, AND THE COMPANY. IF YOU DO NOT AGREE TO THE TERMS PROVIDED, PLEASE DO NOT PURCHASE ANY PRODUCT FROM THIS SITE AND DISCONTINUE USE OF THE SITE. IF YOU ARE UNDER THE AGE OF 18, A PARENT OR LEGAL GUARDIAN MUST REVIEW AND ACCEPT THESE TERMS BEFORE YOU USE THIS SITE FOR ANY REASON. PLEASE DO NOT USE THIS SITE IF YOU ARE UNDER THE LEGAL AGE OF EMANCIPATION IN THE STATE IN WHICH YOU RESIDE. THIS SITE IS NOT DIRECTED TO ANYONE UNDER THE LEGAL AGE OF MAJORITY.

1. Acceptance of our Terms

By accessing the Site, regardless and including whether you purchase any offered product, you agree to be bound by the stated terms and conditions mentioned on this and all other pages of this Site. Your continued use of the Site and/or purchase of any offered product confirms your conclusive acceptance to be bound by the Terms.

You also agree to be bound by any amendments or changes to the Terms as they may occur in the future at any time. When the Terms are modified or amended in the future, we will indicate the “last updated” date on this page of the Site. Your use of the Site following posted updated Terms confirms your acceptance of all subsequently amended Terms.

We may add, modify, or discontinue any service or product at the company’s discretion without prior notice. The provision of services is at the sole discretion of the company.

2. Copyright

The entirety of the Site’s contents is the company’s property. The collective works include all content, which is prepared by the company or otherwise authorized by licensed entities. The company reserves ALL RIGHTS concerning the inappropriate or unauthorized use of any content of this Site. Any use not otherwise authorized in writing by the company, including but not limited to the reproduction, distribution, display, or transmission of this Site’s content, is prohibited. You are expressly prohibited from changing or deleting any materials from this Site.

3. Trademark

The company’s trademarks, service marks, and trade names are properly registered as necessary with the U.S. Patent and Trademark Office and any other state or government agency where the company is located.

4. Warranty disclaimer

The company expressly refuses and does not provide any express or implied warranty, including but not limited to any warranty of merchantability or fitness for a particular purpose for any product or service. We do not promise or warrant that the Site and any Site application will function uninterrupted. We strive to ensure that the Site content and use will be accurate, and we will correct any errors of which we become aware. However, we do not warrant or represent any content of the Site or use of any product. We do not warrant or represent that any use of the Site will be error-free, or function-free of any viruses or other harmful aspects regardless of the server or internet provider used by you to access the Site. The company denies and does NOT provide any express or implied warranties or representations in any regard, to the fullest extent allowed by law.

5. Unauthorized dealers

We do not allow, promote, approve, or authorize any person or entity to resell any product offered through this Site. If you become aware of any attempts to do so, please contact the company immediately. The company is not affiliated with any reseller of the company’s products. We will seek all damages, reserve all rights, and use all federal or state authorities to prosecute any unlawful resale of any of our products.

6. Typographical errors

We strive hard to limit any errors on the Site, including any errors in pricing or shipping costs. We will alert you as soon as possible if there is an error.

7. Notice

The company will provide notice to you via electronic mail, or, if provided, through the Site. We may contact you more directly if needed to ensure prompt order completion.

8. Waiver and Modification

Any failure or refusal by the company to insist on or enforce strict performance with the Terms is not and may not be construed as a waiver of any other of the Terms. You expressly waive any claim of “course of conduct” or “trade practice” to modify the Terms. The company reserves the express right, with or without notice, to assign any rights, or delegate any duties at any time without notice to you.

9. Use of Site

The company may preclude, restrict, or bar you from using the Site in the event the company deems, in its discretion, that your use of the Site is harassment in any manner, whether by e-mail, chat, or any other means of use. The use of obscene or abusive language is forbidden.

10. Indemnification

By your access to the Site and /or the purchase of any product offered by the company, you agree to indemnify, defend, and hold the company, including but not limited to its officers, employees, agents, directors, suppliers, and licensors (the “Indemnitees”), harmless from and against all losses, expenses, damages and costs, as well as attorneys’ fees and costs, resulting from or concerning any use of the Site or purchase of any product from the company, either directly or through the Site, as well as any actions by you or any other person accessing, viewing or using the Site for any reason.

11. Governing law

The Terms, and the entire integrated contract established by the Terms, are strictly governed by, and construed by the laws of the State of Maryland, without giving effect to any principles of conflicts of law. Any dispute concerning the Terms, and any complaints by you for which resolution is needed or sought, is expressly subject to and must be resolved through Arbitration proceedings as further discussed below. You expressly consent to Arbitration, and expressly WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL, OR TO PROCEED WITH ANY ACTION IN ANY STATE, FEDERAL DISTRICT OR STATE CIRCUIT OR DISTRICT COURT, OR TO A PROCEEDING BEFORE ANY MAGISTRATE OR JUDGE. YOU FURTHER CONSENT AND AFFIRM, VOLUNTARILY, THAT ANY ARBITRATION PROCEEDING IS SUBJECT TO COSTS EQUALLY SHARED BETWEEN YOU AND THE COMPANY, AND THE VENUE IS STRICTLY SUBJECT TO HOWARD COUNTY, MARYLAND. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from all other Terms and shall not affect the validity and enforceability of any remaining Term provisions. The Terms represent an integrated contract, AND NO MODIFICATION OF THE PROVISIONS CONTAINED IN THE TERMS IS ALLOWED WITHOUT THE EXPRESS WRITTEN CONSENT OF THE company by an authorized representative.

12. Dispute resolution

In the event you have a dispute, please send a written notice describing the dispute to support@davesbodybutter.com.

If any claimed or alleged dispute cannot be resolved informally, you and Company agree to restrict all avenues and pursue all rights through binding Arbitration. By agreeing to binding Arbitration, any dispute that is not directly resolved may be resolved or decided by an independent arbitrator through the process described below. By agreeing to Arbitration, you waive all rights to any other alternative dispute resolution process, including but not limited to any state or federal court action, or administrative proceedings.

ARBITRATION MEANS THAT YOU WAIVE ALL RIGHTS TO A JURY TRIAL.

The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the binding Terms, which establish a contract between you and the company. All Arbitration proceedings are to be conducted under the JAMS Streamlined Arbitration Rules Procedures. Unless otherwise required by federal or applicable state law, you and the company will equally be responsible for Arbitration costs, and each of us is liable for our own respective attorneys’ fees and costs. Neither you nor the company is liable for the other’s incurred attorneys’ fees and costs. To initiate Arbitration, you must write a demand for Arbitration. You can find a copy of a Demand for Arbitration at www.jamsadr.com. You must also send a copy of your demand for arbitration to us at legal@davesbodybutter.com.

13. Limitation to file claims

You agree that you must assert any complaint or issue arising from your use of the Site or any product purchased by the company within six months after your confirmed product purchase or such Claim will be time-barred. Any disputes or claims after 6 months of a confirmed purchase are deemed voluntarily waived by you.

14. Exclusions and limitations

If you are a consumer, the Terms’ provisions are to be interpreted as broad and inclusive to the fullest extent permitted under federal or Maryland State law, as applicable.