Last Updated: December 5, 2018

Welcome to Barefoot Scientist!  Thank you for using our site www.barefootscientist.com, (the “Website”).  The Website is owned and operated by Barefoot Sciences, Inc. (“we,” “us” or “our”) and provides the content and services available on this Website to you subject to the following Terms of Use, our Privacy Policy http://barefootscientist.com/pages/privacy-policy and other terms and conditions and policies which you may find throughout our Website, all of which are deemed a part of and included within these Terms of Use (collectively, “Terms of Use”). These Terms of Use set forth the legally binding terms and conditions for your use of this Website and the related services, features, content, or any purchases you, the user, make via the Website (collectively “use”).  By using the Website, you agree to these Terms of Use.  If you do not agree, do not use the Website.

We may modify these Terms of Use at any time without notice, effective upon its posting to the Website. Your continued use of the Website constitutes your acceptance to the updated Terms of Use.  It is your responsibility to check these Terms of Use for changes prior to each use of the Website.  We have the right, but are not obligated, to strictly enforce the Terms of Use through self-help, community moderation, active investigation, litigation and prosecution.

Trademarks

The Barefoot Scientist trademarks displayed on this Website are trademarks or registered trademarks of Barefoot Sciences, Inc. and its affiliated companies in the United States and internationally.  All other trademarks are the sole property of their respective companies. 

Ownership of Website Content

The Website is protected to the maximum extent permitted by intellectual property rights law and international treaties. All content displayed on or through the Website including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations, videos, photos, blogs, forums, product descriptions, clinical data, data sheets, FAQs is owned exclusively by us and/or our affiliated companies and/or suppliers and/or licensors and is protected by United States, international, and state laws, including laws governing copyrights and trademarks and unfair competition.  Neither the content nor any portion of this Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.  You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website. 

The products and services available on this Website are for personal and non-commercial use only.  You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.  You agree to use this Website only for lawful, non-commercial purposes and in compliance with all international, federal, state and local laws. 

Establishing an Account

Users of all ages are welcome to browse the Website.  However, you may only establish an account if you are 16 years of age or over.  In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account.  In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility. 

Availability of Products, Services, Features and Content

All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.

External Sites

This Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that we are not responsible for the unavailability of, or the content located on or through, any External Site. We do not warrant the offerings of any External Sites, nor do we assume any responsibility or liability for the actions, content, products, or services of such External Sites, including but not limited to their privacy policies and terms of use.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding the links to or content located on such External Sites.  You should carefully review the terms of use and privacy policies of all External Sites and other websites that you visit.

Submissions of User Content

You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to us or our vendors, on or through the Website or otherwise (“Submissions”).  This includes any User Content you agree to allow the use of on third party companies’ websites, including but not limited to Instagram, Twitter, Facebook, Vine, Pinterest and Google+, that are associated with hashtags related to Barefoot Scientist.  You may only make a Submission if you are 18 years of age or over. If we select your Submission to be used, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle and profile picture). We are under no obligation to display, feature or use any Submission, but may do so at our sole discretion.

Every Submission will be treated as non-confidential.  Every Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant, Barefoot Sciences, Inc., its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. We may use your User Content in connection with our products and services, on this Website and/or on other Barefoot Scientist marketing materials, including emails, social media and store signage. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in this Terms of Use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.

If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in these Terms of Use for such third parties’ names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, Vine, Pinterest and Google+’s Terms of Use.

You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”  You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us, our vendors, and third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., Vine Labs, Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms of Use or applicable laws.

When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by us without restriction. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of us, our licensors or vendors, and we do not endorse any such opinions, statements, or materials.

You acknowledge and agree that we have no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.

Feedback

Any questions, comments, suggestions, or other information you submit about our products or services through this Website (“Feedback”) shall be deemed non-confidential and non-proprietary.  We shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation.  You are specifically prohibited from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and we can fully exploit the information without any obligation or liabilities to you.

Feedback and User Content

You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that we do not control, and are not responsible for, Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We expressly disclaim any liability for such Feedback and User Content.

You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content, that you may not rely on said Feedback and User Content, and that under no circumstances will we be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available. You acknowledge that we do not pre-screen or approve Feedback and User Content, but that we shall have the right (but not the obligation) in our sole discretion to refuse, delete or move any Feedback and User Content for any reason.

Your interactions with organizations, events and/or individuals found on or through the Website are solely between you and such organizations and/or individuals. We expressly disclaim any liability for such organizations, events or individuals.

User Conduct

You agree not to transmit to us any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a Barefoot Sciences, Inc. employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the Website which is not designated for such purposes or emailed to Barefoot Scientist users who have not consented in writing to receive communications about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; or (xiii) employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.

Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) “stalk” or otherwise harass anyone through the Website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website. 

We may refuse, delete, modify, edit or remove any Submissions at any time for any reason and may terminate your access to the Website or your account at any time for violation of these Terms of Use or any other reason.

Confidentiality

Certain areas on this Website may contain our confidential information. A valid user name and password are required to access those areas. Access by unauthorized persons, and unauthorized use or disclosure of our confidential information, may be a violation of our rights and are strictly prohibited.  By accessing our confidential information, you agree to keep this information confidential. You also agree to treat this confidential information with a standard of care which is of at least as high a standard as that which you apply to your most confidential information and to only disclose it within your company to employees with a “need to know” who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted. 

Copyright

This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify our agent for notice of claims of copyright infringement (“Copyright Agent”) through one of the following methods:

Email – service@barefootscientist.com with Attn: Copyright Agent in the subject line

Mail – Attn: Copyright Agent, Barefoot Scientist Website, 1925 Century Park E suite 1700, Los Angeles, CA 90067

You must provide our Copyright Agent with the following Notice:

  • Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner
  • Your address, telephone number, and email address; and
  • Your physical or electronic signature.

If valid, we will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BAREFOOT SCIENTIST DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATION ON LIABILITY AND INDEMNITY OF BAREFOOT SCIENCES, INC.

  1. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (i) INTERRUPTION OF BUSINESS; (ii) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (iii) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, BREACH, DESTRUCTION OR OTHER MODIFICATION; (iv) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (v) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (vi) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (vii) EVENTS BEYOND OUR REASONABLE CONTROL.
  2. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
  3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BAREFOOT SCIENCES, INC.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

Indemnification

You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers and employees, harmless from any claim or demand, including reasonable attorney’s fees and court costs, made by any third party due to or arising out of any Submissions, your third party event, website or organization, your use of the Website, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Compliance with Applicable Laws; Export Control Laws

This Website is operated, in whole or in part, from the United States. User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All our products and publications are commercial in nature.  We do not make any representations regarding the legality of access to or use of this Website or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this Website are illegal is prohibited.  Users who access this Website from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws.  By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in the United States in compliance with our Privacy Policy.

Disclosure – Forward-looking Statements

Some of the information on this Website may contain projections or other forward-looking statements regarding future events or our future financial performance. We wish to caution you that these statements are only predictions and that actual events or results may differ materially. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements, including, among others, potential fluctuations in quarterly results, dependence on new product development; rapid technological and market change, acquisition strategy, manufacturing risks, risks associated with Internet infrastructure, volatility of stock price, financial risk management, and future growth subject to risks.

Governing Law; Entire Agreement

This agreement shall be interpreted broadly and under the laws of the State of California.  To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, the Privacy Policy, or your use of the Website shall be governed by the laws of the State of California, without regard to principles of conflicts of law and as if the Terms of Use were a contract wholly entered into and wholly performed within California.  Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use, the Privacy Policy or your use of the Website shall be subject to the exclusive jurisdiction of state or federal courts in Los Angeles County, in the State of California and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these Terms of Use are held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use and the Privacy Policy constitute the entire agreement between you and Barefoot Sciences, Inc. with respect to the subject matter of the Terms of Use and Privacy Policy.

Contact Us

If you have any questions about these Terms of Use, please contact Customer Service at service@barefootscientist.com.