Terms and Conditions
Welcome to BarwisNutrition.com, a web property of Barwis Enterprises, Inc. (hereinafter “Barwis Nutrition”). PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE (collectively with any amendments hereto, “TERMS AND CONDITIONS”). BY USING THIS SITE, WWW.BARWISNUTRITION.COM (THE “SITE”), AND/OR PLACING AN ORDER FOR ANY PRODUCTS OFFERED FOR SALE THROUGH THE SITE (the “PRODUCTS”), YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO. In addition, when you use any current or future Product, you will be subject to these Terms and Conditions and the guidelines and conditions applicable to such Product. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE BARWIS NUTRITION’S PRODUCTS OR SERVICES.
The Site does sell Products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. You represent that the information that you provide about yourself (including your age) as requested in any account registration form is accurate and complete. The Site and the Products are not directed to children under the age of 13.
THE INFORMATION PROVIDED THROUGH THIS SITE IS INTENDED TO ASSIST YOU IN YOUR FITNESS EFFORTS. ALL INFORMATION IS OF A GENERAL NATURE AND IS FURNISHED FOR EDUCATIONAL PURPOSES ONLY. YOU AGREE AND ACKNOWLEDGE THAT BARWIS NUTRITION IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL. THE INFORMATION PROVIDED THROUGH THE SITES IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING, OR THE PROFESSIONAL ADVICE OF YOUR PERSONAL PHYSICIAN.
BARWIS NUTRITION STRONGLY ADVISES THAT YOU CONSULT YOUR PHYSICIAN AND OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING ANY FITNESS PROGRAM, CHANGING YOUR DIET AND BEFORE ADHERING TO ANY OF THE CONTENT, PROGRAMS, CYCLES OR RECOMMENDATIONS PRESENTED THROUGHOUT THE SITES OR PARTICIPATION IN ANY EVENT OR CLASS ANNOUNCED ON THE SITES. DO NOT START A CYCLE, FITNESS OR NUTRITION PROGRAM IF YOUR PHYSICIAN ADVISES AGAINST IT.
Information and statements regarding dietary supplements AND OTHER PRODUCTS offered for sale on the Site have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product labels and packaging prior to use. Information available on or through the Site is not meant to substitute the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site, including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating a health condition or disease.
Not all exercises or activities described on the Site are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. The Site should not be used by people who have adverse medical or nutritional conditions.
By using the Sites, you represent that you have received consent from your physician to use the Products offered for sale through the Site. You acknowledge and agree that we are not responsible for any resulting health problems and that such participation on your part is voluntary and at your own risk.
You must only use the Site for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not without our prior written consent:
- Copy, reproduce, use, or otherwise deal with any content on the Site;
- Modify, distribute, or re-post any content on the Site for any purpose; or
- Use the content of the Site for any commercial exploitation whatsoever.
In using the Site, you further agree:
- Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Sites or affiliated or linked websites;
- Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;
- Not to upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
- Not to use, frame, or utilize framing techniques to enclose any Barwis Nutrition trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Barwis Nutrition’s express written consent;
- Not to use meta tags or any other “hidden text” utilizing a Barwis Nutrition’s name, trademark, or Product name without Barwis Nutrition’s express written consent;
- Not to deeplink to the Site without Barwis Nutrition’s express written consent;
- Not to create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site;
- Not to collect or store personal data about others;
- Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
- Not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by Barwis Nutrition;
- Not to access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our service providers.
- Not to disable, interfere with, or try to circumvent any of the features of the Site related to security or probe, scan, or test the vulnerability of any of our systems or the Site.
- Not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of of the Site.
- Not to access or search or attempt to access or search our Site by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions).
- Crawling the Site is permissible if done in accordance with the provisions of the robots.txt file; however, scraping the Site and any related databases is expressly prohibited unless authorized in a written agreement between you and Barwis Nutrition.
- Not to use the Site to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Barwis Nutrition; or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or in any other manner interfering with or creating an undue burden on the Site; and
In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Site. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site. We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.
CONTENT UPLOADED TO THE SITES
In the event that you upload any photographs, comments, video clips, or other media to the Site (the “Uploaded Content”), Barwis Nutrition has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or websites, in perpetuity throughout the world as Barwis Nutrition in its sole discretion sees fit without further consent or payment. Barwis Nutrition has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Barwis Nutrition has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Barwis Nutrition may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Barwis Nutrition’s sole discretion. Barwis Nutrition is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.
Users of the Site must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.
CHANGES TO THE SITES
Barwis Nutrition may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any Products available through or outside of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Barwis Nutrition shall not be liable for any termination of your use of or access to the Site.
Barwis Nutrition makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from the Site, or sites linking to the Site. The linked sites are not under the control of Barwis Nutrition, and Barwis Nutrition is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Barwis Nutrition of the site or any information contained therein. When leaving the Sites, you should be aware that Barwis Nutrition’s Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
All content included on the Barwis Nutrition’s Products, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Barwis Nutrition or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Barwis Nutrition’s Products is the exclusive property of Barwis Nutrition and is protected by U.S. and international copyright laws.
BARWIS NUTRITION, BARWISNUTRITION.COM, and other graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Barwis Nutrition in the United States and other countries. Barwis Nutrition’s trademarks and trade dress may not be used in connection with any product or service that does not belong to Barwis Nutrition, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Barwis Nutrition. All other trademarks not owned by Barwis Nutrition that appear on the Products are the property of their respective owners, who may or may not be affiliated with, connected to, endorsed or sponsored by Barwis Nutrition.
Barwis Nutrition attempts to be as accurate as possible. However, Barwis Nutrition makes no warranties that the Product descriptions and any other content are accurate, complete, reliable, current, or error-free. If a Product offered by Barwis Nutrition itself is not as described, your sole remedy is to return it in unused condition.
Please also note that the terms of any Products offered by Barwis Nutrition and/or purchased by you, such as pricing, specifications, delivery times, and/or package contents are subject to change by Barwis Nutrition by providing you advanced notice, including by posting notice of the change on our Site, sending you an email to the address you provided at purchase, or by including a notice in any auto-ship or continuity shipment sent to you which will apply towards subsequent shipments. Barwis Nutrition will not incur any obligation as a result of such change. By continuing to accept Products after we have notified you of a change to any terms, you will be deemed to have accepted the change.
ORDER AND PAYMENT INFORMATION
The Site is hosted by Shopify, and you should review the Shopify terms of service to determine what (if anything) may be applicable to your use of the Site. If you use the Site or other means to purchase a Product, payment must be received by Barwis Nutrition prior to Barwis Nutrition’s acceptance of an order, unless otherwise agreed by Barwis Nutrition. All Products are subject to sales tax which will be applied to your order total. Barwis Nutrition may need to verify information you provide before Barwis Nutrition accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Barwis Nutrition will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Barwis Nutrition expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
In ordering Products through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Barwis Nutrition is registered to you. Barwis Nutrition shall have the right to bar your access to and use of the Site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Barwis Nutrition, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing Products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Barwis Nutrition may choose, at its sole discretion, to accept orders for the purchase of Products from non-residents of the United States. If Barwis Nutrition chooses to accept any orders for the purchase of Products, the acceptance of such orders and the sale of Products will only be based on the following conditions precedent:
- You agree that the purchase of any Barwis Nutrition Products by you, as a non-resident of the United States, shall be (a) Ex works Barwis Nutrition’s facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States and (b) for your own personal use only and not for further resale or distribution in any manner;
- You agree not to order more than a 90 day supply of any consumable products within any ninety (90) day period;
- You hereby expressly authorize and direct Barwis Nutrition to load and ship the purchased Products to you to your designated ship to destination, and to contract on your behalf with a common carrier or courier company for that purpose;
- You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Barwis Nutrition’s facilities in the United States to your foreign ship to destination; and
- The United Nations Convention on the International Sale of Goods shall not apply to any purchase or sale, and Barwis Nutrition expressly opts out of such application.
EXCHANGES AND RETURNS
Exchanges and returns will not be accepted for sales of Products of any kind.
Unless otherwise noted, Barwis Nutrition will use commercially reasonable efforts to ship Products within a reasonable time after receipt of your order. Although Barwis Nutrition may provide delivery or shipment timeframes or dates, you understand that those are Barwis Nutrition’s good-faith estimates and may be subject to change. You further understand that Product availability may be limited and particular Products may not be available for immediate delivery, in which case Products will be delivered when they become available. Barwis Nutrition shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND PRODUCTS OF BARWIS NUTRITION IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITE AND THE INFORMATION, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
YOU ACKNOWLEDGE THAT BARWIS NUTRITION DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO BARWIS NUTRITION FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, BARWIS NUTRITION AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THE SITE. NOR DOES BARWIS NUTRITION MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, OR ITS CONTENT.
ALTHOUGH BARWIS NUTRITION STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, BARWIS NUTRITION DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE SITES IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, BARWIS NUTRITION DOES NOT WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
BARWIS NUTRITION DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, BARWIS NUTRITION DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The terms of this section survive any termination of the Terms and Conditions.
LIMITATION OF LIABILITY
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BARWIS NUTRITION OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THE SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF BARWIS NUTRITION OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BARWIS NUTRITION’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO BARWIS NUTRITION FOR ANY PRODUCTS SUPPLIED BY BARWIS NUTRITION THROUGH YOUR USE OF THE SITE OR OTHERWISE.
BARWIS NUTRITION WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA AND THE LAWS OF THE STATE OF NEW YORK. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
The terms of this section survive any termination of the Terms and Conditions.
You agree to indemnify and hold harmless Barwis Nutrition from and against any and all claims, liabilities, losses, causes of action, judgments, settlements, damages, costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs arising from (i) your use of the Product(s) in a negligent, fraudulent, or illegal manner; and (ii) claims by third parties in any manner related to your purchase or use of the Product(s).
Except as expressly provided in any Product guarantee and return policy provided by us, you hereby release Barwis Nutrition (and its affiliates, subsidiaries, and their respective officers, directors, agents, and employees) from any loss, claims or damages (including without limitation any direct, indirect, consequential, incidental, punitive, special or exemplary damages), whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that arise from or relate to any product you may have purchased through the Site.
(a) These Terms and Conditions contain the final and entire agreement between us regarding your use of the Sites and Products and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Site.
(b) These Terms and Conditions are personal to you, which means that you may not assign your rights or obligations under these Terms and Conditions to anyone. Only you and Barwis Nutrition shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
(c) You agree that any cause of action you may have with respect to the Site or Products must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Barwis Nutrition to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision.
(d) You agree that any and all disputes will be resolved individually, without resort to any form of class action.
(e) You agree that any and all claims, judgments, and awards will be limited to the actual out-of-pocket amount paid by you to Barwis Nutrition, but in no event attorneys’ fees.
(f) You agree that all disputes, claims, causes of action, or controversies of any kind arising out of or in connection to the use of the Site and the Products and all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of purchasers and Barwis Nutrition in connection with these Terms and Conditions, will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York..
(g) If any of these Terms and Conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms and Conditions, and will not affect the validity and enforceability of the remaining provisions.
(h) The terms of this section survive any termination of the Terms and Conditions.
Any questions you may have regarding our Conditions of Use should be directed via email to firstname.lastname@example.org. You can also write us at:524 Broadway, Flr 11
New York, NY 10012
Please contact us with any dispute or complaint, and we will use our best efforts to work with you to resolve that matter informally. Should those efforts fail, you agree that any dispute, claim or controversy arising out of or relating to the Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Products or use of the Site (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Barwis Nutrition are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Barwis Nutrition otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of the Terms and Conditions.
The American Arbitration Association ("AAA") will administer the arbitration in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. The prevailing party in the will be entitled to an award of attorneys' fees and expenses.
Barwis Nutrition respects the intellectual property of others, and Barwis Nutrition asks our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Barwis Nutrition of your infringement claim in accordance with the procedure set forth below.
Barwis Nutrition will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Barwis Nutrition’s Copyright Agent at: email@example.com (Subject line: "DMCA Takedown Request"). You may also contact Barwis Nutrition by mail or facsimile at:
Barwis Nutrition Copyright Agent:
524 Broadway, Flr 11
New York, NY 10012
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that Barwis Nutrition may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Southern District of New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Barwis Nutrition will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Barwis Nutrition has adopted a policy of terminating, in appropriate circumstances and at Barwis Nutrition’s sole discretion, users who are deemed to be repeat infringers. Barwis Nutrition may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.