Terms and Conditions

TERMS OF USE OF THIS WEBSITE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (AS DEFINED BELOW). USING THIS WEBSITE IN ANY WAY INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU MAY NOT USE THIS WEBSITE.

ACCEPTANCE OF THESE TERMS OF USE

Your use in any manner of the website located at http://www.norcal-organic.com or of any other website, web page or other Internet platform offered by or through Performance Sports Nutrition, INC DBA NorCal Organic., or any of its parents, subsidiaries or affiliates, wherever or however offered, including without limitation, any page, application or platform offered through any social media website, (collectively, this “Website”) constitutes your acknowledgment that you have read, agree with and consent to be bound by all the terms and conditions set forth in these Terms of Use, and all other policies, rules, regulations, terms and conditions that otherwise appear on this Website. These Terms of Use are a legally binding contract between you on the one hand and NorCal Organic on the other hand. These Terms of Use govern all use of this Website.

NorCal Organic reserves the right to update or modify these Terms of Use at any time without prior notice to you.For this reason, NorCal Organic recommends that you review these Terms of Use whenever you use this Website.Your continued use of this Website following any such change constitutes your agreement to follow and be bound by the updated or modified version of these Terms of Use.

USE RESTRICTIONS.

The content on this Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos and all other material (collectively, the “Materials”) are protected under laws of the United States of America and other countries. Unauthorized use of the Materials may violate copyright, trademark and other laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of NorCal Organic and/or its licensors. Subject to your full compliance with these Terms of Use, NorCal Organic authorizes you to view the Materials on this Website and download a single copy of them, but only for your own lawful, personal and non-commercial use.You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials, but failing to do so shall not prejudice NorCal Organic’s intellectual property rights. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute or otherwise use the Materials in any way for any public or commercial purpose. Your use of the Materials on any other website or on a file-sharing or similar service for any purpose is prohibited.

You may not “mirror” any Materials contained on this Website or accessible through this Website without NorCal Organic’s written permission.

Any rights not expressly granted herein to use the Materials are reserved by NorCal Organic in full.

You may not use this Website (i) for any purpose that violates applicable federal, state or local laws, regulations or rules (collectively, “Applicable Law”) (ii) for any purpose that is prohibited by these Terms of Use, (iii) in any manner that could damage, disable, overburden or impair this Website, (iv) in any manner that may interfere with any other party’s use and enjoyment of this Website or (v) if you are under 13 years of age. You may not attempt to gain unauthorized access to this Website through hacking, password mining or any other means.

NorCal Organic reserves the right, in its sole and absolute discretion, to terminate your access to this Website, or any portion thereof, at any time, for any reason or for no reason at all, without any notice, prior or otherwise.

SUBMITTED CONTENT.

When you upload or otherwise submit any information, materials or other content whatsoever to or through this Website (“Submitted Content”), you represent and warrant that such Submitted Content (i) does not contain any material that is pornographic, lewd, obscene, defamatory, profane, offensive or misleading, (ii) does not violate any intellectual property rights of any third party, including, without limitation, third party copyrights, trademark rights or rights of publicity, (iii) does not otherwise violate Applicable Law and (iv) does not otherwise contain any inaccurate or untruthful information.

By uploading or otherwise submitting Submitted Content to or through this Website, you, personally, and on behalf of any subjects therein, including, without limitation, your child, if applicable, grant to NorCal Organic a non-exclusive, fully paid-up, perpetual, worldwide license (the “License”) to use all of the content of Submitted Content, including likenesses, whether in whole or in part, whether composite or distorted, for purposes of illustration, art, promotion, advertising, trade, sale or any other purpose whatsoever.The License also includes, without limitation, the right to post Submitted Content, or excerpts thereof, on this Website and websites other than this Website, including, without limitation on any social media, blog or similar website.

If you post, upload and/or submit any Submitted Content on this Website, you will not: (i) harass, defame, intimidate or threaten another user of this Website; (ii) interfere with the rights to privacy of any another user of this Website; (iii) distribute chain letters, surveys or contests; (iv) post any material that is defamatory (i.e., disparaging to the reputation of an individual or business); (iv) post any material that is obscene or indecent; (v) post any trademarks, logos or copyrighted material without the authorization of the owner thereof; (vi) post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); and/or (vii) advertise or sell any goods or services.

If Submitted Content includes any video and/or photographic images or pictures of your child, you further agree that, without limitation, the License includes a grant of an unrestricted right and permission to use, re-use and publish the video and/or photographic images or pictures of your child, in which your child may be included intact or in part, composite or distorted in character or form (the “Images”), without restriction as to changes or transformations in conjunction with your child’s own or a fictitious name, or reproduction thereof in color or otherwise, made through any and all media now or hereafter known for purposes of illustration, art, promotion, advertising, trade, sale or any other purpose whatsoever.Your permission given herein is hereby acknowledged to constitute written consent under Applicable Law including, without limitation, New York Civil Rights Law Section 50.You also permit the use of any printed material in connection therewith.You hereby relinquish any right that you, and/or your child, may have to examine or approve the use of the Images regardless of the form and type, the material that may be used in conjunction therewith or the use to which they may be applied.Further, you represent and warrant to NorCal Organic that: (i) all persons who appear in any Images have given you their express consent (or if a minor who is not your child, you must have the permission of their parent or legal guardian) to submit the Images for unlimited, royalty-free use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity (and you agree to provide evidence of such permission in writing if requested by NorCal Organic in its sole and absolute discretion); (ii) there are no claims for payment of any kind, including, without limitation, for royalties or residuals; and (iii) no persons who appear in any Images has any approval or consultation rights or any rights of participation arising out of any use, exhibition or other exploitation of any Images.

The grant of the License and all rights and permissions associated thereto is binding on you, and your child (if applicable), and your, and your child’s (if applicable), heirs, legal representatives and assigns.

You hereby represent and warrant that you have all rights necessary to grant the License and all rights and permissions associated thereto to NorCal Organic.IF YOU DO NOT WISH TO OR CANNOT LEGALLY GRANT SUCH RIGHTS AND PERMISSIONS TO NorCal Organic YOU MAY NOT SUBMIT ANY MATERIALS TO NorCal Organic.

DISCLAIMER OF WARRANTIES.

THIS WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE.”TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NorCal Organic MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE CONTENT ON THIS WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH THIS WEBSITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THIS WEBSITE OR ANY LINKED SITE.NorCal Organic FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE INFORMATION CONTAINED ON THIS WEBSITE IS COMPLETE, ACCURATE OR UP TO DATE.NorCal Organic DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED HEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL NorCal Organic, OR ANY OF ITS SUBSIDIARIES, PARENTS AND AFFILIATED COMPANIES, OR ANYOF THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, OR ANY OF THEIR HEIRS, SUCCESSORS, REPRESENTATIVES AND ASSIGNS (EACH AN “NorCal Organic PARTY” AND COLLECTIVELY, THE “NorCal Organic PARTIES”) BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE – WHETHER ACTIVE, PASSIVE OR IMPUTED – LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, NEW YORK CIVIL RIGHTS LAW SECTION 51, OR BREACH OF PUBLICITY OR OTHER RIGHTS), STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF AN NorCal Organic PARTY OR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IF YOU ARE DISSATISFIED WITH THIS WEBSITE, THE CONTENT HEREON OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE.

IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN NorCal Organic’S TOTAL LIABILITY WILL BE THE LESSER OF (I) THE COSTS ASSOCIATED WITH ENTERING A CONTEST ASSOCIATED WITH THIS WEBSITE IF RELATED THERETO OR (II) ONE HUNDRED DOLLARS (US$100).

THIS LIMITATION OF LIABILITY SHALL BE BINDING UPON YOU AND YOUR CHILD (IF APPLICABLE), AND YOUR AND YOUR CHILD’S (IF APPLICABLE) HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS.

INDEMNIFICATION.

TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE NorCal Organic PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS AND PAY ALL RESULTING LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF, RESULTING FROM, OR RELATED TO YOUR BREACH OF THESE TERMS OF USE AND/OR YOUR MISUSE OF THIS WEBSITE.

SECURITY.

NorCal Organic reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing NorCal Organic to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other user-generated content that is believed or alleged (reasonably or not) to violate these Terms of Use or any Applicable Law.

SUBMISSION OF IDEAS OR SUGGESTIONS.

NorCal Organic is always improving its products, services and this Website.If you have ideas or suggestions regarding improvements or additions to NorCal Organic’s products, services or this Website, NorCal Organic would like to hear them; however, any submission will be subject to these Terms of Use.Under no circumstances will any disclosure of any idea or suggestion or related material to an NorCal Organic Party be subject to any obligation of confidentiality or expectation of compensation.By submitting an idea or suggestion or any related material to NorCal Organic or any NorCal Organic Party, you are waiving any and all rights including, without limitation, intellectual property rights, that you may have in the idea or suggestion or any related material and are representing and warranting to such NorCal Organic Party that the idea or suggestion or any related material are wholly original with you, that no one else has any rights in the idea or suggestion or any related material and that all NorCal Organic Parties are free to implement the idea or suggestion and to use the related material if so desired, as provided or as modified by any NorCal Organic party, without obtaining permission or license from any third party.

GOVERNING LAW; LEGAL JURISDICTION.

If you make any claim against NorCal Organic or any other NorCal Organic Party, you agree in advance that in the event you assert any such claim, it will be governed by the following rules:

• All aspects of the claim, whether procedural or substantive, shall be governed by the laws of the State of Florida, except conflicts of laws that would cause another jurisdiction’s laws to apply and unless the dispute is governed by federal law other than federal law governing conflicts of law, in which case federal law shall govern.
• Prior to commencing any legal action against any NorCal Organic Party, you must provide each such NorCal Organic Party with at least thirty (30) days prior written notice of any claim, including a reasonably detailed description of your claim and such NorCal Organic Party’s responsibility, together with your request for what you would like such NorCal Organic Party to do about your claim.
• The statute of limitations applicable to any claim other than a claim for personal injuries shall be one (1) year, measured from the date you first visited this Website.
• You agree that any claim brought by you, or on your behalf, shall be exclusively venued in the United States District Court for the Southern District of New York or the Supreme Court of the State of New York in New York County (the “Agreed Forums”).You agree that in the event that you bring any claim in any other court or forum, or in the event that a claim is commenced on your behalf in any other forum, such claim shall be transferred to one of the Agreed Forums.
• You waive any claim that the Agreed Forums are inconvenient for resolution of disputes and claims you may have and agree to forego any claim to transfer the venue for dispute resolution.
• You agree to bring any claim individually and not through any class action.
• To the extent that it may be relevant, you agree that your use of this Website and any transaction arising in connection with such use shall be deemed to have occurred in the State of New York.

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect.You cannot transfer your rights or obligations under these Terms of Use to anyone without NorCal Organic’s written permission and any attempted assignment without NorCal Organic’s written permission shall be null and void and of no effect whatsoever.NorCal Organic’s failure to enforce any provision of these Terms of Use does not waive NorCal Organic’s right to enforce the same provision in the future.Any headings contained in these Terms of Use are for informational purposes only, but are not themselves enforceable provisions of these Terms of Use.

PRIVACY POLICY

NorCal Organic, INC, its direct and indirect subsidiaries, parents and affiliates (collectively, “NorCal Organic“, “us” or “we“) are concerned about online privacy issues and want you to be familiar with how we collect, use and disclose any personal information that individually identifies you (e.g. your name, address, phone number, e-mail address).As used in this privacy policy (the “Privacy Policy“), personal information means any information about an identifiable individual.This Privacy Policy explains our online information practices and the choices you, as a visitor to any web page, web site application or platform offered through any social media website operated or provided by NorCal Organic related to its United States operations (collectively, “NorCal Organic Websites” and each is an “NorCal Organic Website“) can make about the collection and use of your personal information.We will only collect, use and disclose your personal information in accordance with this Privacy Policy.

WHAT PERSONAL INFORMATION DO WE COLLECT?

We may collect personal information from you when you voluntarily provide it to us through a number of features available on or through an NorCal Organic Website.For example, we may ask you to provide personal information if you:

• ask to receive online information from us, such as e-mail newsletters or e-mail updates;
• participate in a review, survey, a consumer research panel, or similar type of activity;and/or
• otherwise participate in features of an NorCal Organic Website that ask for personal information.

In addition, if you otherwise request any information, service or other offering from us, you may be required to provide your contact or other information in order for us to process your request.

Your participation in any of these activities is voluntary and we will only use the personal information that you provide for the purposes for which it was collected.For example, we may use the personal information you provide to: respond to your questions or comments; fulfill your requests; provide service(s) and/or products to you; identify your needs and/or preferences; administer and manage our business operations; or otherwise provide or improve our products and/or services.

You will always have the opportunity to “unsubscribe” from receiving e-mail or other communications at any time.

If you contact one of our consumer service representatives through an NorCal Organic Website, we may ask you for personal information such as your name, address, phone number, or e-mail address so that we can respond to your questions or comments.

HOW DO WE GATHER DATA BY AUTOMATIC MEANS?

Sometimes we use cookie technology, web beacons and other similar devices on NorCal Organic Websites to enhance functionality and navigation for our visitors and portions of NorCal Organic Websites may use statistical tools that may be operated by third party providers (collectively, “Analytical Tools“) such as Google Inc. Information tracked through these mechanisms includes, but is not limited to: (i) your IP address; (ii) the type of web browser and operating system being used; (iii) the pages of NorCal Organic Websites that you visit; and (iv) other websites you may have visited before visiting an NorCal Organic Website.If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies.Please note that if you disable cookies, you may be unable to access some customized features on NorCal Organic Websites.Cookies do not collect or contain your personal information.

Internet tags, graphic tags and similar web beacon type functions allow us to count the number of users who have visited a particular web page or to access certain cookies.We may use web beacons on NorCal Organic Websites to count users and to recognize users by accessing our cookies.Being able to access our cookies allows us to personalize and improve your experience with NorCal Organic Websites.We may also include web beacons in HTML-formatted e-mail messages that we send to determine which e-mail messages were opened.Like cookies, web beacons do not collect or contain your personal information.

In the case of Analytical Tools, the information generated by the cookies and/or web beacons about your use of NorCal Organic Websites (including your IP address) may be transmitted to and stored on servers located outside of the United States of America, by the applicable third party provider of an Analytical Tool.This information will be used for the purpose of evaluating your use of NorCal Organic Websites, compiling reports on NorCal Organic Websites’ activity and providing other services relating to NorCal Organic Websites activity and Internet usage.The third party providers of Analytical Tools may also transfer this information to other third parties where they are required to do so by law, or where such third parties process the information on their behalf.

By using an NorCal Organic Website, you consent to the processing of data about you by third party providers of Analytical Tools used in connection with such NorCal Organic Website in the manner and for the purposes set out above.

HOW DO WE SHARE PERSONAL INFORMATION?

Except as described below, we do not sell, transfer or otherwise disclose to third parties the personal information that we collect on NorCal Organic Websites.At times, we provide your personal information to third parties who provide services on our behalf.These entities may use the information solely in conjunction with the specific services they provide for us (e.g., responding to your questions or comments or investigation of a complaint).

We reserve the right to transfer any personal information we have about you in the event that we sell or transfer all or a portion of our business or assets to a third party.Further, we reserve the right to disclose any personal information as needed if such information is requested by law enforcement agencies or if we are requested to do so by law, regulation, court order, or by a government entity.We may also disclose your personal information to third parties if we have reason to believe that disclosing such information is necessary to: (i) conduct investigations of possible breaches of law; (ii) cooperate in any legal investigation; (iii) identify, contact, or bring legal action against someone who may be violating any terms of use of any NorCal Organic Website; or (iv) to protect our rights, privacy, safety or property.Lastly, we may disclose your personal information for any other purpose to which you specifically consent.

LINKS TO OTHER WEBSITES

NorCal Organic Websites may contain links to other websites operated by third parties.Any such websites are wholly independent from our websites, and we have no control over those websites, their operators, their security, their privacy policies or their practices.Before providing any of your personal information on any such other website, you should review the policies on privacy and security for such website.

INTERACTIVE FEATURES/SOCIAL MEDIA

If you use social and/or other interactive features that may be available on an NorCal Organic Website (e.g. Facebook or Twitter feeds, comment sections, chat rooms, etc.), you should know that when you voluntarily disclose your personal information using social media features or in interactive areas that may be available on NorCal Organic Websites where personal information can be posted, the information can be collected and used by other Internet users.This may result in unsolicited messages from other posters or parties.We undertake no obligations as to the security of information you voluntarily post using social media features or in interactive areas that may be available on NorCal Organic Websites.

CHILDREN’S PRIVACY

We are committed to protecting the privacy of children and we do not knowingly solicit personal information from children under the age of 13.If a child has already provided us with personal information, his or her parent or guardian may contact us to have this information deleted.

UNITED STATES ONLY

NorCal Organic Websites are intended for the use by residents of the United States of America only.All matters relating to NorCal Organic Websites are governed by the laws of the State of New York and the federal laws of the United States of America applicable therein.If you are located outside of the United States of America, and you contact us, please be advised that any personal information you provide to us may be transferred to other jurisdictions where our servers are located and that by submitting information, you explicitly authorize its transfer.

HOW DO WE PROTECT PERSONAL INFORMATION

The security of your personal information is important to us.We maintain commercially reasonable administrative, technical and physical safeguards (varying depending on the sensitivity of such information) designed to protect against unauthorized use, disclosure or access of the personal information we collect on through NorCal Organic Websites.Unfortunately, no data transmission over the Internet can be guaranteed to be fully secure.As a result, while we are committed to protecting your personal information, we cannot ensure or warrant in any way the security of any information you provide to us.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to change or replace this Privacy Policy at our sole discretion at any time.Please check back from time to time to ensure that you are aware of any updates or changes in this Privacy Policy.Your continued access or use of any NorCal Organic Websites after any such changes constitutes your acceptance of the Privacy Policy as revised.

HOW TO CONTACT US

We welcome your feedback. If you have questions, comments or concerns about our Privacy Policy, or would like to do any of the following:

• see personal information that you have already sent us so that you can correct or update or delete your personal information from our files;
• if your child under 13 has sent us personal information, delete that personal information from our files;
• ask that we not send you mailings or otherwise contact you; or
• report any violation of this Privacy Policy.

Please contact us by e-mail (info@norcal-organic.com).