Terms and Condition

Agreement between Users and Boulder Granola

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

WWWboudergranola.com is an E-Commerce Site.

Granola (Original, Vanilla Pecan, Cranberry, Chocolate)

 

Privacy

Your use of Boulder Granola is subject to BG’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs of our data collection practices.

 

Electronic Communications

Visiting Boulder Granola or sending emails to BG 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 land legal requirements that such communications be in writing.

 

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. You many not assign or otherwise transfer your account to any other person or entity. You acknowledge that BG is not responsible for third party access to your account that results from theft or misappropriation of our account. BG and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Children Under Thirteen

BG 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 Boulder Granola only with permission of a parent or guardian.

 

Cancellation/Refund Policy

30 day

Links to third Party Sites/Third Party Services

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

Certain services made available via Boulder Granola are delivered by third party sites and organizations. Buy using any product, service or functionality originating from the Boulder Granola domain, you hereby acknowledge and consent that BG may share such information and data with any third party with whom BG has contractual relationship to provide the requested product, service or functionality on behalf of wwwbouldergranola.com.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Boulder Granola strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to BG 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 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 BG 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. BG content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content in particular you will not delete or alter any proprietary right 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 BG 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 BG or our licensors except as expressly authorized by these terms.

 

Third Party Accounts

You will be able to connect your BG account to third party accounts. By connecting your BG account to your third party account, your acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy setting on those third party sites.) If you do not want information about you to be shared in this manner, do not use this feature.

 

International Users

The Service is controlled, operated and administered by BG 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 BG Content accessed through Boulder Granola in any country or in any manner prohibited by any applicable laws, restrictions or regulations

 

Indemnification

You agree to indemnify, defend and hold harmless BG, its officers, directors, employees, agent 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 posting made by you, your violation of ay terms of this Agreement or your violation of nay rights of a third party, or your violation of any applicable law, rules or regulations. BG 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 BG in asserting any available defense.

 

Arbitration

In the event the parties are not ale 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 damage or any other relief, them such dispute shall be resolved only by final and binging 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 arbitrator’s 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 treasonable attorneys’ 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 bae 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 and individual basis; 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 BG 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, SOFTWAR, PRODUCTS, AND SERVICES INCLUDED IN OR AVILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BOULDER GRANOLA AND/OR ITS SUPPLIERS MAY MAKE IMPORVMENTS AND /OR CHANGES IN THE SITE AT ANY TIME.

BOULDER GRANOLA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHIC CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWAR PRODUCTS, SERCIES AND RELATED GRAPHICS ARE PROVIDED AS ISWITHOUT WARRANTY OR CONDITION OF ANY KIND.BOULDER GRANOLA AND/OR ITS SUPPLIERS HERBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATIO,SOFTWAR, PRODUCTS,SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLED WARRANTIES OR CONDITONS OF MERCHANTABILITYM FITNESS FOR A PARTIULAR PURPOSE, TITLE AND NON-INFRIGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOULDER GRANOLA 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 PERFORMANE OF THE SITE, WITH THE DELAY OR INABLILITY TO USE THE SITE OR RELATED SERVICESN THE PROVISION OF OR FAILURE TO PROVIDE SERVICESN OR FOR ANY INFORMATION, SOFTWAR, PRODUCTS,SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACTN TORTM NEGLIGENCEN STRICT LIABILITY OR OTHERWISEN EVEN IF BOULDER GRANOLA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITION OF LIABILITY FOR CONSEQUESNTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION AMY NOT APPLY TO YOU. IF YOU ARE DISSATSFIED WITH ANY PROTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, UOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINURE USING THE SITE.

 

Termination/Access Restriction

BG reserves the right, in right 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 Colorado and you herby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that dose 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 BG as a result of this agreement or use of the Site. BG’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BG’s right to comply with government, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BG 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 BG with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BG with respect to the Site. A print version of this agreement and of any notice given in electronic from shall be admissible in judicial or administrative proceeding base upon or relating to this agreement to the same extent and subject 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 document be written in English.

 

Changes to Terms

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

 

Contact Us

BG welcomes your questions or comments regarding the Terms:

Email: info@boudergranola.com

Telephone Number: (720) 400-4747

Mailing Address:

Boulder Granola

1651 Broadway Ste 104

Boulder, Colorado 80302