Terms & Conditions
STANDARD TERMS AND CONDITION OF USE
Welcome to Barker Wellness. We appreciate you visiting our website (this “Site”) where it is our mission to consistently meet our guest’s expectations.
USE OF WEBSITE
You may be required to open an account to use certain features and services offered through this Site. It is your sole responsibility to maintain the confidentiality of the information you hold for your account, including your password and for any and all activity that occurs using your account. Please notify Barker Wellness immediately of any unauthorized use of your account or password, or any other breach of security. You will be held liable for losses incurred by Barker Wellness or any other user of or visitor to the Site due to unauthorized use of your account. Barker Wellness cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Barker Wellness Co., both on this site and in physical locations, manufactures and sells industrial hemp derived products to the general public. By using this website, you are warranting that you are eighteen (18) years of age or older. If you are not eighteen (18), you must exit the website immediately. It is your sole responsibility to determine if you are of legal age to purchase the products sold on this website.
Our Site may contain user or third party submitted content, such as feedback and suggestions, posts or submissions, and other materials (hereinafter, the “Submissions”) intended for review by the general public, or by members of any public or private community. Barker Wellness does not claim ownership of the third party submitted content and shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved, or endorsed by Barker Wellness and are provided solely for convenience to Barker Wellness’ customers and users. Barker Wellness reserves the right to monitor, restrict access to, edit, or remove any Submissions.
You acknowledge and agree, that as to any content you, as a user, may submit via online mediums becomes public information and it shall be deemed to be provided on a non-confidential basis. You should always use caution when submitting personal identifiable information about yourself or third parties in any online medium. Barker Wellness is free to use or disseminate such contributed content on an unrestricted basis for any purpose, and you grant Barker Wellness an irrevocable, worldwide, perpetual, royalty-free license to use, reproduce, modify, adapt, incorporate, transmit, display, publish, post, resell and otherwise distribute such Submission and contributed content (including, without limitation, creative ideas, suggestions, materials, names, voices, likeness and other personal identifiable information contained in your Submission) in any form and media now known or which shall become known in the future for any purposes whatsoever, including without limitation, using such information, ideas, inventions and creative ideas for development, marketing and promotional purposes, without any notice or compensation to you. You represent and warrant that you own or otherwise have permission to submit any such materials and grant Barker Wellness the rights described herein.
ACCESS TO BARKERWELLNESS.COM
We reserve the right to delete or amend our Site and any service or material we provide, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of, or the entire Site.
INTELLECTUAL PROPERTY AND PROHIBITED USES
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in connection with our Site, is our property or the property of our licensees or suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.
Prices for our products are quoted in U.S. dollars and are subject to change without notice. We reserve the right at any time to modify or discontinue the products or Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the products or Services.
To make a purchase, you must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“PAYMENT PROVIDER”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Barker Wellness with your credit card number and associated payment information, you hereby authorize Barker Wellness to immediately charge your credit card for all fees and charges due and payable to Barker Wellness hereunder or credit your credit card for any refunds owed and that no additional notice or consent is required. You agree to immediately notify Barker Wellness of any change in your billing address or the credit card used for payment hereunder. Barker Wellness reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Barker Wellness Site or by e-mail delivery to you.
Payments made to Barker Wellness are subject to refund in accordance with Barker Wellness’ refund policy.
Barker Wellness’ fees are net of any applicable Sales Tax. If any products or Services, or payments for any products or Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Barker Wellness, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify Barker Wellness for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “SALES TAX” will mean any sales or use tax, and any other tax measured by sales proceeds, that Barker Wellness is permitted to pass to its customers that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sale or use tax.
DISCOUNTS AND PROMO CODES
We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“PROMO CODES”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official Barker Wellness communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified by contacting us through the following link:
ERRORS, INACCURACIES, AND OMISSIONS
Barker Wellness strives to keep the information on our Site accurate and complete. Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice, including after you have submitted your order.
LINKS TO OTHER WEBSITES AND CONNECTING THROUGH SOCIAL MEDIA
The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website or social media icon on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
MEDICAL INFORMATION DISCLAIMER
This website contains general information and content about diet, health, and nutrition. This information and content are not medical advice and should not be treated as such. The contents of this website are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition.
The general information and content on this website are provided “AS IS” without any representations or warranties of any kind, express or implied. Barker Wellness makes no representations or warranties whatsoever in relation to any health information on this website.
You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition, you should seek medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information you found on this Site or in materials provided by any Company representative, none of which information is intended to be a substitute for medical diagnosis, advice or treatment. If you are considering making any changes to your lifestyle, diet or nutrition, including taking any products sold to you by Barker Wellness, you should consult with your doctor or other healthcare provider before doing so. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Neither Barker Wellness nor its representatives are providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials, or other information set forth on this website or in other Barker Wellness materials or provided over the phone or in email correspondence.
The customer shall indemnify, defend and hold harmless Barker Wellness and its officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, fees and the costs of enforcing any right to indemnification and the cost of pursuing any insurance providers, incurred by Indemnified Party, relating to or resulting from any claim of a third party or arising out of or occurring in connection with use of this Site and/or any purchase of the goods and services from Barker Wellness.
COMPLIANCE WITH LAW
Any user or customer of Barker Wellness’ goods and/or services affirms that it is acting in compliance with and shall comply with all applicable laws, regulations, and ordinances. Any customer or user shall have and maintain in effect all the licenses, permissions, authorizations, consents and permits (the “Requisite Licenses”) that it needs to carry out its obligations to purchase any goods or services through the Site, a Barker Wellness representative, or in person. In the event Barker Wellness requests any customer or user to provide the Requisite Licenses, said customer or user shall promptly comply with such request.
LAWS REGARDING THE PRODUCTS SOLD ON THIS WEBSITE
This website is intended for users located in the United States of America and is governed by the laws of the United States of America. You acknowledge that you are familiar with any local laws regarding the purchase, consumption, and use of Barker Wellness’ products in your jurisdiction. It is up to you to determine whether accessing this site and purchasing our products are legal where you are. You access this site and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties.
GOVERNING LAW, VENUE AND JURISDICTION
WARRANTY AND LIMITATION OF LIABILITY
BARKER WELLNESS AND/OR ITS, AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BARKER WELLNESS AND/OR ITS , AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BARKER WELLNESS AND/OR ITS, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM OR ANY APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BARKER WELLNESS OR ANY OF ITS, AFFILIATES, OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM.
©2020 Barker Wellness, LLC. All Rights Reserved.