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Terms of Service
Overview
Last Updated: July 9 2024
These End User Terms of Service (these “Terms”) are a legal agreement between you and Bitewell Inc. (“Bitewell”, “we”, “our”, or “us”) governing your access to and use of Bitewell’s websites (the “Sites”) and the services and products further outlined below which Bitewell provides through the Sites (the “Services”).
You represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdictions. To register as a user of the Services you must be 18 years or over. If you are agreeing to these Terms on behalf of a third-party entity, you represent and warrant that you have sufficient right to bind such third party to these Terms, in which case, all references to “you” in these Terms shall be references to such third party. If you’re accessing and using the Service as a result of an Agreement between Bitewell and another third-party (for example, your employer or your insurance provider) (each, a “Third-Party Agreement”), certain sections of these Terms may not apply to you.
By signing up for our platform, placing an order on the platform, and/or otherwise using the Services, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
In the case of inconsistencies between these Terms and information included in any other materials related to the Sites or the Services (e.g., promotional materials), these Terms will always govern and take precedence.
Section 1: Services and Products
1.1 Description. The Services consist of access to and use of Bitewell’s online proprietary nutrition focused food platform that allows users to see and shop food items curated for their nutrition needs, as well as see scores and information on those food items (the “Products”). The Products include but are not limited to prepared meals, grocery items, and bulk packaged goods.
1.2 Availability. Bitewell uses reasonable efforts to ensure that the online features of the Services are available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Bitewell. Bitewell will use commercially reasonable efforts to minimize such disruption where it is within the reasonable control of Bitewell. You agree that Bitewell will not be liable to you for any unavailability, modification, suspension, or discontinuance of the Service. You are responsible for obtaining access to any Services and that access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Services.
1.3 Registration. You may access certain online features of the Services through your account on the Sites (your “Account”). You must log into your Account using a unique username and password. You are responsible for safeguarding your password and you shall not disclose your password to any third party. You are responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You agree that the information that you provide to Bitewell about yourself upon registration of your Account, and at all other times, (“Customer Data”) will be true, accurate, current, and complete, and you further agree that you will maintain and promptly update the Customer Data to ensure that it remains true, accurate, current, and complete. You may not impersonate any other person or use a username or password that you are not authorized to use. Bitewell reserves the right to require you to change your password for any reason at any time. If you become aware of any unauthorized use of your Account, you shall notify Bitewell immediately at members@bitewell.com.
1.4 Site Access; Feedback. Subject to these Terms, Bitewell grants you a personal, limited, revocable, non-exclusive, and non-transferable right to access and use the Sites and Services. This license is exclusive to you and you may not sublicense this right. Bitewell expressly retains all ownership rights, title, and interest in and to all aspects of any software, Services, and the Sites, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Services and Sites. You may not modify the Sites or Services, create derivative works of the Sites or Services, or reverse engineer, reverse compile, reverse assemble, or do any other operation with the Sites or Services that would reveal any source code, trade secrets, know-how, or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess, or control the source code or any other aspect of the Sites or Services. You may not remove or modify any notice of confidentiality, trade secret, trademark, or copyright encoded or embodied in the Sites or Services or displayed by, on, or in the Sites or Services. You may use the Sites and Services only while these Terms remain in effect. Under no circumstances will you have any rights of any kind in or to the Sites after any termination or expiration of your agreement to these Terms for any reason. If you send, transmit, or communicate any materials, feedback, or suggestions of any kind to Bitewell by mail, email, telephone, live chat, or otherwise proposing or recommending any changes or improvements to the Site or Service or both, including, without limitation, any new features or functionality, or any comments, questions, or suggestions (collectively “Feedback”), Bitewell has the right to use the Feedback without any limitation, attribution, or obligations to you and without the requirement to pay any compensation. You hereby assign all right, title, and interest to the Feedback to Bitewell. You will take any and all actions reasonably requested by Bitewell in order to effectively transfer and assign this ownership to Bitewell, or to confirm ownership to a third party.
Section 2:
User Content and Submissions
2.1 Copyright in Your Content. In connection with your access to, or use of, the Sites and the Services, you may have the opportunity upload to the Site certain information, data, text, sound, photographs, graphics, video, messages, or other materials (collectively, “Content”). You hereby consent to Bitewell’s disclosure of Content to third parties. Bitewell does not claim ownership rights in any such Content that you make available. You unconditionally grant to Bitewell a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in the Content, to (a) reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Content in any medium or format, whether now known or hereafter discovered; and (b) exercise any and all other present or future rights in the Content. As between you and Bitewell, you remain the owner of all Content that you make available in connection with the Services. You represent and warrant to Bitewell that you are the owner of the copyright to the Content or that you have written permission from the copyright owner to use such Content. In addition, you warrant that all moral rights in any Content have been waived. You shall indemnify and hold Bitewell harmless for any violation of this provision.
2.2 Review of Content and Materials. While Bitewell does not and cannot review all material on the Sites, and is not responsible for its content, Bitewell reserves the right to review all Content and remove, delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable. You hereby provide your irrevocable consent to such monitoring and review. In addition, you acknowledge and agree that you have no expectation of privacy concerning the transmission of your Content, including, without limitation, chat, text, or voice communications. Bitewell will not be liable for the Content of any submission.
Section 3: Pricing and Payment
The fees for the Services and Products are posted on the Sites. Fees are subject to change without notice. Unless otherwise paid or covered by a third party on your behalf under a Third-Party Agreement, you agree to pay Bitewell in advance the applicable fees for the Services and Products provided by Bitewell under these Terms. Bitewell will bill your credit card for all such fees, including any subscription charges if applicable. You will provide Bitewell with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, Bitewell reserves the right to terminate your use of the Services and your access to the Sites in addition to seeking any other legal remedies. Your agreement with your credit card or other payment provider governs your use of the designated credit card and payment provider account, and you must refer to that agreement and not these Terms to determine your rights and liabilities. By providing Bitewell with your credit card number or payment provider account and associated payment information, you agree that Bitewell is authorized to immediately invoice and charge your Account for all fees and charges due and payable to Bitewell for Products and Services hereunder, including recurring charges for subscription-based Services, and that no additional notice or consent is required. You further agree that Bitewell may charge your credit card or payment provider account on a recurring basis in accordance with the terms of your subscription until you cancel your subscription as described on the Sites or these Terms. Bitewell is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Bitewell. All fees will be paid in U.S. dollars and are due as set forth on the Sites. Bitewell’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Bitewell’s income. You acknowledge that Bitewell uses Stripe for its payment processing services and you hereby consent to Stripe and its affiliates processing such transactions on behalf of Bitewell.
Section 4:
Order Acceptance; Refunds.
You acknowledge that your order for Products on the Site is an offer to buy such Products under these Terms. All orders must be accepted by Bitewell or we will not be obligated to sell the Products to you. Your receipt of an electronic or other form of order confirmation for Products sold on the Sites does not signify Bitewell’s acceptance of your order, nor does it constitute confirmation of our offer to sell you such Products. Bitewell reserves the right at any time after receipt of your order to accept or decline your order for Products for any reason. Your order will be deemed accepted by Bitewell upon delivery of the Products that you have ordered. Bitewell may require additional verifications or information before accepting any order for Products. If you are dissatisfied with a Product ordered on our Sites for any reason, please contact us at members@bitewell.com within 21 days of the date you received the Product. Depending on the circumstances, we may, in our sole discretion, replace the Product at our expense, provide you a full or partial refund of the purchase price for that Product, or provide you with a credit for that Product that will automatically be applied to future Products you purchase. Notwithstanding the foregoing, credits for certain types of Products may require additional action on your part (e.g., application of a coupon code) in order to be applied to future purchases, which will be communicated to you at the time of issuance.
Section 5: Title and Risk of Loss
All sales of products are made Ex Works (Incoterms 2020) Bitewell’s designated point of shipment, and title and risk of loss to each shipment of Products passes to you when Bitewell (or its third-party supplier) makes such shipment available to the carrier.
Section 6: Product Warranty and Disclaimers
Bitewell does not produce or control any of the food Products on our Sites. The availability of Products through our Sites does not indicate an affiliation with or endorsement of any such product or provider. Accordingly, Bitewell does not provide any warranties with respect to the Products offered on our Sites.
Section 7:
Third Party Software and Linking
Although we may make software, applications, advertisements, hyperlinks, and other products and services of third-party companies available to you (collectively, “Third-Party Products”), your use of such Third-Party Products is subject to the respective terms and conditions imposed by the third party owning, manufacturing, providing, or distributing such products, and the agreement for your use will be between you and such third party. Bitewell is not responsible for any Third-Party Products. Access to and use of any Third-Party Product is at your own risk and is solely determined by the relevant Third-Party Product provider and is subject to such additional terms and conditions applicable to such Third-Party Product. When you click on a link to a Third-Party Product, we will not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of another website or destination. Bitewell makes no warranty with regard to the services, products, or websites of any other entity. Bitewell has no control over the content or availability of any third-party service, software, or website. In particular, (a) Bitewell makes no warranty that any third-party software you download or web site you visit will be free of any contaminating or destructive code, such as viruses, worms, or Trojan horses and (b) it is your responsibility to become familiar with any web site’s privacy and other policies and terms of service, and to contact that site’s webmaster or site administrator with any concerns.
Section 8: Suspension and Termination
Subject to our obligations under any applicable Third-Party Agreement, Bitewell reserves the right to suspend or terminate your access to and use of the Sites and Services, at any time, without notice, for any reason, including but not limited to (a) your breach of these Terms, or any other policies or guidelines set forth by Bitewell, or (b) Conduct that Bitewell believes is harmful to other users of the Sites or Services, or the business of Bitewell or other third party information providers. Further, you agree that Bitewell shall not be liable to you or any third party for any termination of your access to the Sites or Services. Bitewell reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Bitewell will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
Section 9: Privacy
Bitewell collects, uses, and discloses information about you in accordance with the Bitewell Privacy Policy, which can be viewed by clicking on the “Privacy Policy” link that appears at the bottom of each page of this Site or by visiting www.bitewell.com/privacy-policy (“Privacy Policy”). You understand and agree that, notwithstanding any measures taken to prevent unauthorized disclosure, use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to confidential information. Accordingly, Bitewell cannot and does not guarantee the privacy, security, or authenticity of any information so transmitted over or stored in any system connected to the Internet.
Section 10:
No Medical Advice
In connection with the Site, Service and Products, Bitewell may give you certain dietary recommendations based upon your Content and Customer Data. You acknowledge that all recommendations, input, and other information obtained in connection with the Service are for informational purposes only and have not been evaluated or approved by the U.S. Food and Drug Administration or any other regulatory agency or health care professional. The Sites, Services, and Products are not a substitute for any medical advice provided by your physician, and you should not use the Sites, Service, or Products for preventing, diagnosing, or treating a health problem, disease, or condition. Your healthcare and dietary decisions are your sole responsibility. Bitewell representatives are not trained medical professionals and do not give medical advice. If you may have a health condition you should seek prompt medical attention. If you believe the recommendations you are following or the Products that you purchased through the Sites are causing you harm, you should stop immediately and seek medical attention.
Section 11:
Disclaimer of Warranty
THE SERVICES AND PRODUCTS AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. BITEWELL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, SERVICE, PRODUCTS, ADVICE AND RECOMMENDATIONS MADE VIA THE SITE AND SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. BITEWELL MAKES NO WARRANTY THAT THE SITES OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SITES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITES OR SERVICES WILL BE AVAILABLE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS OR THAT THE SERVICES OR ANY PRODUCT WILL MEET YOUR REQUIREMENTS OR ACHIEVE YOUR INTENDED RESULTS. BITEWELL MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY PRODUCTS OR SERVICES, PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SITES OR ADVERTISED THROUGH THE SITES. NO ADVICE OR INFORMATION GIVEN BY BITEWELL, ITS EMPLOYEES OR AFFILIATES WILL CREATE A WARRANTY.
Section 12:
Rules of Conduct
12.1 Distribution of Content. You agree that you will not distribute any Content that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity; (b) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (c) infringes or violates any right of a third party including any copyright, patent, trademark, trade secret, or other proprietary or contractual rights, right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity, or any confidentiality obligation; (d) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (e) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Sites; (f) does not generally pertain to the designated topic or theme of the Sites; (g) violates any specific restrictions applicable to a public forum, including its age restrictions and procedures; or (h) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
12.2 Use of the Services. You expressly agree that you are solely responsible for any and all acts and omissions that occur under your Account or password, and you agree not to engage in any unacceptable uses of the Services, which include, without limitation, use of the Services to: (a) register for the Sites and the Services if you have not acknowledged reading and agreed to abide by these Terms and the Privacy Policy; (b) interfere, disrupt, or attempt to gain unauthorized access to other accounts on the Sites or any other computer network; (c) use the Sites or the Services in connection with any commercial endeavors without our prior written consent; (d) post your personal information such as instant messaging addresses, personal URLs, physical addresses, and phone numbers in any publicly viewable areas of the Sites; (e) post or give out any financial information or transmit electronically or physically any money to other users; (f) create user accounts by automated means or under fraudulent or false pretenses; (g) create or transmit unsolicited electronic communications such as spam to users or promote any products or services; (h) harass, threaten or intentionally embarrass or cause harm or distress to another person or group; (i) collect and publish any information about any of our users; (j) adapt, modify, or reverse engineer any portion of the Services or the Sites; (k) use any spider, robot, retrieval application, or any other device to retrieve any portion of the Sites; (l) disseminate, store, or transmit viruses, worms, trojan horses, or other malicious code or program; (m) encourage conduct that would constitute a criminal or civil offense; (n) violate any applicable federal, state, local, or international law or regulation; (o) exploit any person, including but not limited to exploiting any child under 18 years of age; (p) invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age); (q) solicit personal information from a child under 18 years of age; (r) submit false or misleading information to Bitewell, the Sites or other users; or (s) engage in any other activity deemed by Bitewell to be in conflict with the spirit of these Terms and the Privacy Policy.
12.3 Monitoring. We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. You are solely responsible for your interactions with other users of the Site and Service and any other parties with whom you interact with through the Service; provided, however, that Bitewell reserves the right, but has no obligation, to intercede in any disputes between you and such third party. You agree that Bitewell will not be responsible for any liability incurred as the result of such interactions.
Section 13: Proprietary and Privacy Protection for Other Users’ Content on the Sites
Bitewell hereby notifies you that all the information, content, image files, software, and materials on the Sites may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. Bitewell is unable to provide you with permission to copy, display, or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur because of your activities on the Sites. Bitewell has the absolute right to terminate your account or exclude you from any Site if you use our Services to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold Bitewell harmless for any violation of this provision.
Section 14: Indemnity; Limitation of Liability
14.1 You agree to indemnify, and hold Bitewell, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (a) your access to or use of the Sites, Services, or Products; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property, or privacy right; or (d) any claim that your use of the Sites, Services, or Products caused damage to a third party.
14.2 YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SITES, PRODUCTS, AND SERVICES AND ANY RELIANCE UPON ANY OF THE FOREGOING IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITES OR SERVICES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL BITEWELL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA, OR OTHER INTANGIBLES, EVEN IF BITEWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITES, PRODUCTS, OR THE SERVICES, FROM ANY CHANGES TO THE SITES, THE SERVICES, OR PRODUCTS OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE, AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITES, PRODUCTS, AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
14.3 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4, IF YOU ARE DISSATISFIED WITH THE SITES, PRODUCTS, OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL BITEWELL HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES, PRODUCTS, AND THE SERVICES. THE TOTAL LIABILITY OF BITEWELL TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITES, PRODUCTS, OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES AND PRODUCTS DURING THE 12 MONTHS PRECEDING THE EVENTS GIVING RISE TO LIABILITY. IT IS THE INTENTION OF YOU AND BITEWELL THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
14.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Section 15:
General
15.1 Modification. Bitewell may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Sites or Services after the “Last Updated” date at the top of these Terms. If you have created an Account, we will notify you of any material changes to these Terms by email sent to the address you have provided to Bitewell for your Account. Your continued access to or use of the Sites or Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Sites or Services.
15.2 Electronic Communications. The communications between you and Bitewell may take place via electronic means, whether you visit the Sites or send Bitewell e-mails, or whether Bitewell posts notices on the Sites or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Bitewell in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Bitewell provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.
15.3 Text Messaging Services. Without limiting the foregoing, we may offer communications via calls, SMS text messages or similar technology subject to our receipt of any consents from you required by applicable law. These communications may be sent or initiated by Bitewell or any of its consultants or other service providers, such as when estheticians communicate with you in advance of a consultation. Message and data rates may apply. Message frequency may vary according to how you interact with our Sites and Services. To stop receiving text messages from Bitewell, reply STOP to any message you receive from Bitewell. You agree we may send you a message to confirm your receipt of your STOP request. You can also opt-out of Bitewell text messages by emailing us your request and mobile telephone number to members@bitewell.com. If you want to join again, just sign up as you did the first time and we will start sending text messages to you again. You acknowledge and agree that our Site and Services may not recognize and respond to texted unsubscribe requests that do not include the STOP keyword and agree that Bitewell will have no liability for failing to honor such requests. For assistance with any text message issues, you can also contact our customer assistance team by emailing us at members@bitewell.com. Not all mobile devices may be supported and text messaging may not be available in all areas. Bitewell and the mobile carriers supported through our Services are not liable for delayed or undelivered text messages, text messages delivered to the wrong number, or inaccurate or incomplete content in a text message. We are not liable for your use or reliance on the content of any text message. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
15.4 Applicable Law and Dispute Resolution. These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that Bitewell has not adhered to these Terms, please contact us by e-mail at members@bitewell.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Bitewell are unable to reach a resolution to the dispute, you and Bitewell will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and Bitewell agree that any arbitration will be limited to the dispute between Bitewell and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND Bitewell ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Bitewell otherwise agree in writing, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Sites or the Services or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred.
15.5 No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
15.6 Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and Bitewell because of these Terms or use of the Sites or the Services.
15.7 Enforcement. If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.
15.8 Force Majeure. Bitewell will not be liable for any breach of these Terms, or for any delay or failure of performance, resulting from any cause beyond Bitewell’s reasonable control.
15.9 Waiver. The failure of Bitewell to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Bitewell in writing.
15.10 Construction. The headings of Sections of these Terms are for convenience and are not to be used in interpretation.
15.11 Contact. Bitewell is in Denver, Colorado. Any questions, comments, or suggestions, including any report of violation of these Terms should be provided to the Administrator as follows:
By E-mail: members@bitewell.com
By Postal Mail: 3660 Blake St., 4th Floor, Denver CO 80205
15.12 Entire Agreement. These Terms constitute the entire agreement between you and Bitewell and govern your use of the Sites and the Services, superseding any prior agreements between you and Bitewell. The failure of Bitewell to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and Bitewell nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.