Terms and Prop 65 Disclaimer2017-04-16T04:48:40+00:00

Terms & Prop 65 Disclaimer

Agreement Between User and FlavorRepublic.co

Welcome to FlavorRepublic.co. The FlavorRepublic.co website (the “Site”) is comprised of various web pages operated by Flavor Republic FlavorRepublic.co is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of FlavorRepublic.co constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

FlavorRepublic.co is a E-commerce Site

FlavorRepublic.co website retails spice blends and branded apparel.

Privacy

Your use of FlavorRepublic.co is subject to Flavor Republic’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting FlavorRepublic.co or sending emails to Flavor Republic constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Flavor Republic does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use FlavorRepublic.co only with permission of a parent or guardian.

Cancellation/Refund Policy

All refunds requested after 14 days will not qualify for a refund per Flavor Republic’s “Returns” policy.

Links to Third Party Sites/Third Party Services

FlavorRepublic.co may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Flavor Republic and Flavor Republic is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Flavor Republic is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Flavor Republic of the site or any association with its operators.

Certain services made available via FlavorRepublic.co are delivered by third party sites and organizations. By using any product, service or functionality originating from the FlavorRepublic.co domain, you hereby acknowledge and consent that Flavor Republic may share such information and data with any third party with whom Flavor Republic has a contractual relationship to provide the requested product, service or functionality on behalf of FlavorRepublic.co users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use FlavorRepublic.co strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Flavor Republic that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Flavor Republic or its 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.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Flavor Republic content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Flavor Republic and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Flavor Republic or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Flavor Republic from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Flavor Republic Content accessed through FlavorRepublic.co in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Flavor Republic, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Flavor Republic reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Flavor Republic in asserting any available defenses.

Prop 65 Disclaimer

Flavor Republic, Inc. recently learned that California Proposition 65 (Prop 65) has legal implications for us and our customers. Prop 65 is a unique California law requiring businesses to warn consumers against products that may contain quantifiable amounts of over eight-hundred possible chemicals, including lead. Unfortunately, while the law makes a distinction between chemicals that are present in food naturally and those that are added artificially or through adulteration, the cost to prove such a case reaches well beyond our capability.

Prop 65 limits for lead are nearly 1,000 times lower than those set forth by the EPA and due to the presence of lead in soil, plants of all types naturally contain this and other metals in trace amounts through no act of adulteration. Also known as ‘The Safe Drinking Water and Toxic Enforcement Act of 1986’ passed by the people of California, the intent of Prop 65 was to increase accountability by preventing people and companies from dumping toxic substances into California waters. While originally well intended, it was vaguely written and ill-conceived, now allowing a host of opportunistic lawyers to take advantage of unsuspecting retailers and manufacturers by filing a flurry of 60-Day notices alleging lead content in spice products and seeking monetary gain in the form of a very costly settlement.

While we believe that our products conform to Proposition 65, we are unable to bear the financial burden to fight this legal battle in court, especially considering the fact that more than one lawyer can send separate notices to one company for the same product on the same shelf. This form of litigation puts all businesses in a defensive position, forcing them to settle out of fear of financial ruin. Due to the seemingly endless risk and liability, Retailers, Manufacturers, Restaurants and others are posting warnings to excess which are now mostly ignored by the very people they are intended to protect. There is no way for anyone to know exactly what is safe or not safe.

Like many other companies, we are now regrettably forced to place warnings on all spice products shipped within California or shipped to customers who could sell into California. The label reads: WARNING: This product contains chemicals known to the state of California to cause cancer and birth defects or other reproductive harm. For more information on Proposition 65 please refer to Office of Environmental Health Hazard Assessment

Through regular testing of our products, we assure you, however, that all of our products are safe and comply with federal and industry standards for safety.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FLAVOR REPUBLIC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

FLAVOR REPUBLIC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE 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. FLAVOR REPUBLIC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS 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 FLAVOR REPUBLIC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FLAVOR REPUBLIC OR ANY OF ITS 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 SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Flavor Republic reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Flavor Republic as a result of this agreement or use of the Site. Flavor Republic’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Flavor Republic’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Flavor Republic with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Flavor Republic with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Flavor Republic with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Flavor Republic reserves the right, in its sole discretion, to change the Terms under which FlavorRepublic.co is offered. The most current version of the Terms will supersede all previous versions. Flavor Republic encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Flavor Republic welcomes your questions or comments regarding the Terms:

Flavor Republic
Anaheim, California 92806
Email Address: info@FlavorRepublic.co
Effective as of June 02, 2016