Terms of Use
Last Modified: June 7, 2023
Welcome to the Bountiful site, operated by Bountiful Labs, Inc. (“Bountiful,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of https://www.bountiful.us (the “Website”) and/or web-based application available athttps://app.bountiful.us (the “App”), including any content, functionality, and services offered on or through the Website or App (collectively with theWebsite or App, the “Services”).
You may be accessing theseServices on behalf of an organization that has been approved by Bountiful (the“Customer”). YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS OF USE AND,IF ENTERING INTO THESE TERMS OF USE FOR A CUSTOMER, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT CUSTOMER; AND (C) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE OR APP AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. THESE TERMS OF USE APPLY WHETHER YOU ACCESS OR USE THE SERVICES ASA GUEST OR AS A REGISTERED USER.
This Website and App are offered and available to users who are 18 years of age or older, and reside in the US or any of its territories or possessions. By using the Website or App, you represent and warrant that you are of legal age to form a binding contract with Bountiful and meet all of the foregoing eligibility requirements.
1. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
2. Accessing the Website and Account Security
2.1. We reserve the right to withdraw or amend this Website or App, and any Service or material we provide on the Website or App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or App, or the entire Website or App, to users, including registered users.
2.2. You are responsible for both:
2.2.1. Making all arrangements necessary for you to have access to the Website or App.
2.2.2. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
2.3. To access the Website or App or some of there sources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website or App that all the information you provide on the Website or App is correct, current, and complete. You agree that all information you provide to register with thisWebsite or App or otherwise, including, but not limited to, through the use of any interactive features on the Website or App, is governed by our PrivacyPolicy (available at www.bountiful.us/privacy) ,and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
2.4. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures (the “User Credentials”), you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website orApp or portions of it using your User Credentials.
2.5. By enrolling in the Services and accessing it using your User Credentials, and any other security and identification methods as we may require from time to time, such as security questions or one-time passcodes, you acknowledge and agree that this system includes security procedures that are commercially reasonable. You further agree to comply with any Bountiful procedures and processes to obtain any User Credentials, or to further access or use the Services.
YOU AGREE TO NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR USER CREDENTIALS OR ANY OTHER BREACH OF SECURITY.
2.6. We have the right to disable any user account, password, User Credentials, Authorized UserAccount (defined below) or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
3. Provisioning Other Users
3.1. This Website is accessed via credentials given to you (the “Authorized User”) for accessing the Services. You acknowledge and agree to the below.
3.2. We may supply you with (or provide you the ability to create) usernames and passwords (the“Authorized User Accounts”) that will permit access to the Services. You shall be solely responsible for communicating all Authorized User Account credentials to individuals who are authorized to use the Authorized User Accounts (“AuthorizedUsers”), and shall, at a minimum, use commercially reasonable methods to ensure the confidentiality of such Authorized User Account credentials.
3.3. No right of sublicense is granted to you; provided, however, that you may permit third-party vendors, outsourcers and other service providers to access and/or use the Services pursuant to the rights granted to you and Authorized Users hereunder on behalf, and for the benefit, of you or the Customer.
3.4. The AuthorizedUser shall be solely responsible for any activity occurring via the AuthorizedUser Accounts.
3.5. We may employ certain technical controls for the administration of the Authorized UserAccounts, including password selection and complexity requirements, multi-factor authentication, and verification procedures.
4. Intellectual Property Rights
4.1. The Website or App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Bountiful, its licensors, or other providers of such material and are protected by UnitedStates and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2. These Terms of Use permit you to use the Website or App on behalf of a Customer, and only for the Customer’s business purposes, and to access/receive the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or App, except as follows:
4.2.1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
4.2.2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
4.2.3. You may print one copy of a reasonable number of pages of the Website or App for your own records and non-commercial use and not for further reproduction, publication, or distribution.
4.2.4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
4.3. You must NOT:
4.3.1. Modify copies of any materials from the Website.
4.3.2. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
4.3.3. Access or use the Website or Services for any commercial purposes other than as set forth above.
4.3.4. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or App in breach of the Terms of Use, your right to use the Website or App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or App or any content on the Website orApp is transferred to you, and all rights not expressly granted are reserved byBountiful. Any use of the Website or App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
5. Trademarks
Bountiful name and all related names, logos, product and service names, designs, and slogans are trademarks of Bountiful or its affiliates or licensors. You must not use such marks without the prior written permission of Bountiful. All other names, logos, product and service names, designs, and slogans on this Website or App are the trademarks of their respective owners.
6. Confidentiality
Except where disclosure is required for legal, accounting, or regulatory purposes, you and Bountiful agree that all information, items, records, data and other material provided pursuant to or in connection with the Services, shall be kept in strict confidence, shall be used only for the purposes of such agreements, and shall not be disclosed by either party, its agents or employees, without, in each instance, the prior written consent of the other party; provided, however, that you or we may disclose generally, your membership and participation in the programs and services of Bountiful without your consent. You acknowledge and agree that Bountiful may disclose your information, without your consent or review, to the extent required or permitted by law.Each party agrees to take commercially reasonable precautions to prevent the unauthorized disclosure of such information, including complying with security procedures deemed necessary by Bountiful. All computer programs, manuals, materials, forms, facilities, ideas, concepts, techniques, and know-how used, prepared or developed by us, and any improvements extensions or modifications thereof, are and shall remain the exclusive property of Bountiful, and may not be used by you, your agents, employees or others, without our prior written consent. In certain circumstances, Bountiful may require you to enter into licensing or use agreements with regard to any software programs provided by or through Bountiful for you use in receiving anyServices; and you hereby agree to enter into such licensing or use agreements.
7. Prohibited Uses
You may use the Website or App only for lawful purposes and in accordance with these Terms of Use and theCommunity Guidelines (defined below). You agree not to use the Website or App:
7.1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
7.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in anyway by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
7.3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the terms and conditions set out in these Terms of Use or the CommunityGuidelines.
7.4. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
7.5. To impersonate or attempt to impersonate Bountiful, a Bountiful employee, another user, or any other person or entity (including, without limitation, by using email addresses, user name, or screen names associated with any of the foregoing).
7.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of theWebsite or App, or which, as determined by us, may harm Bountiful or users of the Website or App, or expose them to liability.
7.7. To sell, lease, furnish, redistribute, retransmit, or otherwise permit or provide access to the Website or App or Services to any other person, except Authorized Users.
Additionally, you agree not to:
7.8. Use theWebsite or App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or App, including their ability to engage in real time activities through the Website or App.
7.9. Use any robot, spider, or other automatic device, process, or means to access theWebsite or App for any purpose, including monitoring or copying any of the material on the Website or App.
7.10. Use any manual process to monitor or copy any of the material on the Website or App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
7.11. Use any device, software, or routine that interferes with the proper working of theWebsite or App.
7.12. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
7.13. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
7.14. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
7.15. Otherwise attempt to interfere with the proper working of the Website or App.
8. AdditionalTerms Applicable to Employers, Referrers and Candidates
8.1. Additional Terms Applicable to Employers. As an “Employer,” you will have the ability to post and manage job openings (“Jobs”), receive and manage applications from potential candidates (“Candidates”), and create, edit and manage other content that you post on Bountiful. The following additional terms are applicable to Employers:
8.1.1. You may not use Bountiful for any use that is not permitted in these Terms of Use.
8.1.2. You may only post real, existing Jobs as per your organization’s requirements.
8.1.3. Your Job posts may not include URLs or links to other websites, including, but not limited to, other websites or micro sites containing an option for individuals to directly apply to the Job you posted (cross posting).
8.1.4. Your Job posts must not include copyrighted material unless you have the express authorization of the copyright owner for publishing such material.
8.1.5. Your Job posts must not include content that contains trade secrets.
8.1.6. Your Job posts must not include advertisements, solicitations of business, or requests towards the user to contact you for further information.
8.1.7. Your Job posts must not include opinions or notices, regardless of whether such content is commercial or not.
8.1.8. You must be authorized by your organization to post Jobs in a public forum.
8.1.9. You must not charge users to refer individuals to your Job posts.
8.1.10. You consent to and authorize Bountiful using your organization’s name and logo for marketing and advertising purposes byBountiful, including, but not limited to, the use of your organization’s name and logo on Bountiful’s website, flyers, banners, brochures, digital &print information material, social media, blog posts, press releases, and other comparable advertising material.
8.1.11. If you hire or professionally engage (regardless of the nature and conditions of such engagement) a Candidate who has been referred to a Job you posted on Bountiful within 12 calendar months of the date of referral, and whom the Employer did not know at the time of the referral, you are liable to pay to Bountiful or its designee the indicated bounty amount for the Job that the Candidate has been referred to within seven(7) calendar days from the date of hiring or engaging the Candidate. This requirement also applies if you hire the Candidate for a position that is different from the Job the Candidate has been referred to.
8.2. Special provisions applicable to Referrers. As a “Referrer,” you are introducing third party individuals (“Candidates”) to Employers. The following additional terms are applicable to Referrers:
8.2.1. You may not use Bountiful for any use that is not permitted in these Terms of Use.
8.2.2. You may not refer any Candidates to an Employer who have not consented to such referral.
8.2.3. You may not falsify any information about the Candidate(s) you are referring. All information will be provided to the best of your knowledge and be truthful, and of an actual, existing individual.
8.2.4. You may not refer yourself to an Employer.
8.2.5. You may not refer the same Candidate more than one time for the same Job.
8.2.6. You will not refer any Candidate for whom you do NOT have the permission to refer.
8.2.7. You represent and warrant that by registering and maintaining an account on Bountiful and/orby referring Candidates to Jobs posted on Bountiful, you are not in breach of any terms and conditions, whether express or implied, or any other obligations binding upon you. In the case of your breach of any such terms, conditions or obligations, you assume sole and full liability with respect thereto and you agree to indemnify, defend and hold harmless Bountiful from any damages arising from your use of Bountiful.
8.2.8. You understand and acknowledge that you will only be eligible for the financial payment for a referral to a Job (a “Bounty”) if the profile of a Candidate which you have introduced to an Employer is in compliance to the Terms of Use for a Job posted by the Employer on Bountiful, and if the Employer (1) is introduced to the Candidate through Bountiful and has not previously known the individual, whereas the proof of such knowledge is at the sole discretion of the Employer and/or Bountiful; (2) actually hires the Candidate; (3) the Candidate continues to be employed by the Employer for the minimum period of time from the date theCandidate joined the Employer as may be specified by such Employer; and (4) has hired the Candidate within twelve (12) months from the date the Candidate submitted an application for the Job.
8.2.9. You understand and acknowledge that, notwithstanding anything in these Terms of Use to the contrary, you may forfeit any rights to the payment of one or moreBounties in the event of a breach of these Terms of Use by you as determined byBountiful in its sole discretion. Bounties may be retained by Bountiful for any reason or no reason until such time as Bountiful has determined in its sole discretion that all conditions for payment have been satisfied.
8.2.10. You understand and acknowledge that any Bounties that become due and payable to you will be credited into your Bountiful account and can be withdrawn by direct remittance or other available methods through the providers approved byBountiful. Credited Bounties that are not withdrawn from your Bountiful account within one (1) calendar year of being credited are forfeited by you. You will be solely responsible for any third party costs or expenses related to your withdrawal of a Bounty plus Bountiful may elect to charge a withdrawal fee of up to $10 per transaction payable to Bountiful which will be deducted from the amount of any Bounties payable to you. If such charges exceed the amount requested to be withdrawn, you will not be able to proceed with such withdrawal.
8.2.11. Bounties will only be transferable to a bank account in your individual name through one or more providers approved by Bountiful. In order to receive payment of aBounty, you must establish an account with a provider approved byBountiful. Bountiful will not provide any services, products, or payments to sanctioned countries, individuals and/or entities in accordance with the law of the United States and other international bodies. You agree to provide such information to Bountiful as may be requested from time to time in order to verify your identify to and to comply with applicable law and all of such information will be truthful and accurate to the best of your knowledge.
8.2.12. You may be required to complete and submit additional forms, including, but not limited to tax forms, within time periods prescribed by Bountiful. If you do not complete the required forms as instructed or do not return the required forms within the time period listed on the notification message, we may not provide payment. We cannot process payment until you have completed and submitted the fully executed required documentation. You will be solely responsible for all applicable taxes related to accepting the Bounty.
8.2.13. No other persons shall be eligible to receive a Bounty and you may not designate someone else as the Bounty recipient.
8.2.14. Bountiful reserves the right to rescind any Bounty if you are unable or unwilling to accept your Bounty.
8.2.15. Bountiful reserves the rights to request additional information from you, for reasons including, but not limited to screening, identity verification, and fraud prevention. You must provide such additional information as requested byBountiful, or Bountiful may rescind any Bounty.
8.3. Special provisions applicable to Candidates. As a “Candidate,” you are being referred to Jobs posted byEmployers through a Referrer. The following terms are additional terms are applicable to Candidates:
8.3.1. You may not use Bountiful for any use that is not permitted in these Terms of Use.
8.3.2. You may not falsify any information about yourself. All information will be truthful, and provided to the best of your knowledge and be of an actual, existing individual.
8.3.3. You may not refer yourself to a Job.
8.3.4. You may not accept referrals for the same Job more than once.
8.3.5. You assume full responsibility regarding the truthfulness and accuracy of information provided by or through you about yourself. All information you provide about yourself must be truthful and accurate to the best of your knowledge.
8.3.6. If you accept a referral to a Job through Bountiful, you consent to the sharing of your resume, curriculum vitae or other work summary document (your “WorkInformation”) with the respective Employer and Bountiful and/or to have yourBountiful profile and Work Information added to Bountiful’s database accessible by Employers and Bountiful.
8.3.7. You represent and warrant that by accepting a referral to a Job, you are not in breach of any terms and conditions, whether express or implied, or any other obligations binding upon you. In the case of your breach of any such terms, conditions or obligations, you assume sole and full liability with respect thereto and you agree to indemnify, defend and hold harmless Bountiful from any damages arising from your use of Bountiful.
8.3.8. If at any time you would like to delete your data whether before or after after consenting to a Referral, you may send an request to support@bountiful.us. We will delete your data within 72 hours of a request being received by Bountiful.
8.3.9. PaymentProcessor Terms: All payments, including any Bounties are processed through a third party payment processor (a "Payment Processor"). You agree: (i) that the services of Payment Processors may be used to process transactions; (ii) to review and be bound by the Payment Processor's terms of use and privacy policy(available at www.bountiful.us/privacy); (iii) to only provide valid and current information for yourself; and (iv) that all payments made are final and non-refundable. You acknowledge that you may need to hold, or register, an active account with the Payment Processor.
9. Community Guidelines
You must follow the Community Guidelines while using the Website or App which can be found at www.bountiful.us/guidelines. Violating our Community Guidelines can result in negative action against your account or content. See the Community Guidelines to learn more about how we enforce our Community Guidelines.
10. User Activity Contributions
10.1. The Website or App contains interactive features (collectively, “Interactive Services”) that allow users to post, submit, upload, publish, display, or transmit to Bountiful, or other users or other persons(hereinafter, “post”) content or materials (collectively, “UserContributions”) on or through the Website or App.
10.2. When you provide us with User Contributions, your hereby grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Contributions in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). You agree that this license includes the right for Bountiful to provide, promote, and improve the Services and to make User Contributions available to other companies, organizations or individuals.
10.3. You represent and warrant that:
10.3.1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
10.3.2. All of yourUser Contributions do and will comply with these Terms of Use and the CommunityGuidelines.
10.4 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Bountiful, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
10.5. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website or App.
11. Copyright Violations
11.1. The services provided by Bountiful through the Services require the use of potentially copyrightable material such as photographs, video recordings, audio recordings, and works of authorship. Copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to if they have a good-faith belief that their protected works are being infringed. If you want to send us notices or service of process, please contact us:
ONLINE at: support@Bountiful.domain
OR BY MAIL at:
Bountiful, Inc.
830 Massachusetts Ave
Suite 1500, Floor 4
Indianapolis, Indiana 46204
Please write: “Infringing Content”on the envelope or cover sheet to speed up processing of your request. To be effective, your notification to us must be in writing and include:
11.1.1. A physical signature of the owner of an exclusive right that is allegedly infringed, or of a person authorized to act on behalf of the owner;
11.1.2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, are presentative list of such works at that site;
11.1.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
11.1.4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
11.1.5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
11.1.6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12. Monitoring and Enforcement; Termination
12.1. We have the right to:
12.1.1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
12.1.2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such UserContribution violates the Terms of Use, including the Community Guidelines, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or App or the public, or could create liability for Bountiful.
12.1.3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
12.1.4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or App.
12.1.5. Terminate or suspend your access to all or part of the Website or App for any or no reason, including without limitation, any violation of these Terms of Use.
12.2. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App. YOU WAIVE AND HOLD HARMLESS BOUNTIFUL AND ITS PERSONNEL, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Bountiful OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER Bountiful OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
12.3. We do not undertake to review any material or UserContributions before it is posted on the Website or App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
13. Changes to the Website or App
We may update the content on thisWebsite or App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or App may be out of date at any given time, and we are under no obligation to update such material.
14. Information About You and Your Visits to the Website orApp
All information we collect on thisWebsite or App is subject to our Privacy Policy available atwww.bountiful.us/privacy. By using the Website or App, you consent to all actions taken by us with respect to your information in compliance with thePrivacy Policy.
15. Other Terms and Conditions
15.1. Your use of the Services may also be affected by other agreements (collectively, the“Additional Agreements”) with us for your Bountiful accounts and/or agreements with affiliate accounts linked to the Services.
15.2. The terms and conditions for the Additional Agreements, including any liability rules and other restrictions that might impact your use of an account with the Services, are incorporated into these Terms of Use. In the event of a conflict between Additional Agreements and these Terms of Use, the terms of the applicable Additional Agreement will prevail unless these Terms of Use specifically states otherwise.
15.3. Any breach of these Terms of Use or the Additional Agreements will be automatically deemed a breach of all agreements between you and Bountiful, and Bountiful shall have the right to obtain injunctive relief in addition to any addition rights and remedies it may have under these Terms of Use or the Additional Agreements.
16. Links from the Website or App
If the Website or App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Website or Apps linked to this Website or App, you do so entirely at your own risk and subject to the terms and conditions of use for such Website or Apps.
17. Geographic Restrictions
We provide this Website or App andServices for use only by persons located in the US. We make no claims that the Website or App or any of its Services or content is accessible or appropriate outside of the US.Access to the Website or App may not be legal by certain persons or in certain countries. If you use or access the Website or App from outside the US, you do so on your own initiative and are responsible for compliance with local laws.
18. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and check points to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WEWILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APP LINKED TO IT.
YOUR USE OF THE WEBSITE OR APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP IS AT YOUR OWN RISK. THE WEBSITE OR APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BOUNTIFUL NOR ANY PERSON ASSOCIATED WITH BOUNTIFUL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR APP. WITHOUT LIMITING THE FOREGOING, NEITHER BOUNTIFUL NOR ANYONE ASSOCIATED WITH BOUNTIFUL REPRESENTS OR WARRANTS THAT THE WEBSITE ORAPP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, BOUNTIFUL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
WE ARENOT RESPONSIBLE OR LIABLE FOR ANY ACTIVITIES OR CONDUCT OF A PAYMENT PROCESSOR,AND YOU AGREE THAT YOU SHALL HAVE NO CLAIM, SUIT OR DEMAND OF ANY KIND, AND BY AGREEING TO THESE TERMS, HEREBY IRREVOCABLY AND COMPLETELY WAIVE ANY SUCH CLAIM, SUIT OR DEMAND OF ANY KIND, TO THE EXTENT SUCH MAY EXIST OR HERE AFTERA RISE, TOWARDS US AND ANY OF OUR MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS,PARTNERS, AFFILIATES, EMPLOYEES, CONSULTANTS, SERVICE PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY ACTING ON OUR BEHALF, IN CONNECTION WITH OR RELATED TOTHE CONDUCT OR ANY ACT OR OMISSION OF A PAYMENT PROCESSOR.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BYLAW, IN NO EVENT WILL BOUNTIFUL, ITS PERSONNEL, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OFANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR APP, ANY WEBSITE OR APPS LINKED TO IT,ANY CONTENT ON THE WEBSITE OR APP OR SUCH OTHER WEBSITE OR APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BYTORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct .
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Indemnification
You agree to defend, indemnify, and hold harmless Bountiful, its personnel, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees(including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or App, including, but not limited to, your User Contributions, any use of the Website or App’s content, services, and products other than as expressly authorized in theseTerms of Use, or your use of any information obtained from the Website or App.
21. Governing Law and Jurisdiction
All matters relating to theWebsite or App and these Terms of Use, and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website or App shall be instituted exclusively in the federal courts of the United States or the courts of theState of Indiana, in each case located in Marion County, although we retain the right to bring any suit, action, or proceeding against you for breach of theseTerms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
22. Waiver and Severability
No waiver by Bountiful of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bountiful to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
23. Entire Agreement
The Terms of Use, our PrivacyPolicy, and any Additional Agreements constitute the sole and entire agreement between you and Bountiful regarding the Website or App and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website or App andServices.
24. Your Comments and Concerns
This Website or App is operated byBountiful Labs, Inc., having its principalplace of business at 830 Massachusetts Ave, Suite 1500, Floor 4, Indianapolis, IN 46204.
All feedback, comments, requests for technical support, and other communications relating to the Website or App should be directed to the Contact Information below.
25. Contact Information
If you provide contact information to Bountiful, including your telephone number, mobile telephone number, email address, or mailing address, you hereby expressly consent to receive telephone calls, SMS text messages, emails, and physical mail from Bountiful regarding our services, subject to the terms of our Privacy Policy.
To ask questions or comment about these Terms of Use, contact us at:
support@bountiful.us