AlgaeBarn.com Terms & Conditions
License and Site Access
AlgaeBarn, LLC (“us”, “we”, or “our”) operates the www.algaebarn.com website (the “Service”, “Site”, or “sites”). We grant you a limited license to use the Site for personal and non-commercial use only. You may not copy or reproduce the Sites, or any portion of them, without our express written consent. In addition, we grant you a limited, revocable, and nonexclusive right to create a hyperlink to any of the Sites, so long as the link does not portray us in a misleading, derogatory, false, or otherwise offensive manner.
Automated systems or software that extract data from this Website for commercial purposes (“screen scraping”) are prohibited, unless the third party has directly concluded a written license agreement with AlgaeBarn. The use of such automated systems or software may violate intellectual property rights, including copyright and trademark laws, and may also violate other laws and regulations. AlgaeBarn reserves the right to take legal action against any individual or entity that engages in screen scraping without the proper license agreement.
By accessing and using this Website, you agree not to engage in screen scraping or any other similar activity that may infringe upon the intellectual property rights of AlgaeBarn or any other party. You also agree to indemnify and hold AlgaeBarn harmless from any and all claims, damages, losses, and expenses (including attorneys’ fees) arising from or related to your violation of this clause.
In the event of a breach of the screen scraping prohibition clause, the offending party shall pay AlgaeBarn liquidated damages in the amount of $10,000 per occurrence. This amount represents a reasonable estimate of the actual damages AlgaeBarn would incur as a result of such breach, including but not limited to loss of revenue, loss of data, and damage to reputation. The payment of liquidated damages does not release the offending party from any other legal obligations or liabilities arising from the breach.
In addition to the liquidated damages, AlgaeBarn reserves the right to seek injunctive relief, as well as any other legal remedies available under applicable laws and regulations.
Any dispute arising from or related to this clause, including the determination of the amount of liquidated damages, shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The prevailing party in such arbitration shall be entitled to recover its reasonable attorneys’ fees and costs.
This clause constitutes the entire agreement between the parties with respect to liquidated damages for screen scraping, and supersedes any prior or contemporaneous agreements or understandings, whether oral or written. Any waiver or modification of this clause must be in writing and signed by both parties.
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. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you are under 18, you may not use or access the Sites without the involvement of a parent or guardian over the age of 18.
When you order an eligible product and enroll in a subscription, you will receive notice that your subscription has been created and your first order will be processed. Your subscription will automatically create an order according to your chosen delivery schedule. You will receive one or multiple notices that your subscription is being renewed before your credit card is being processed. You may cancel your subscription at any time. This can be done by logging into your account through the PodClub page, selecting the subscription, and then clicking cancel. You may also cancel your subscription by emailing us at [email protected] and giving a time window for cancellations to become effective.
Your Rights and Obligations with Respect to Content and Material Submitted By You
You may submit comments, reviews, posts, feedback, questions, answers, notes, messages, images, video, audio, materials, ideas, suggestions or other communications a user submits (“User Content”) on certain portions of the Sites, and submit other content or information to us. User Content is not private or proprietary. You agree that as a condition of permitting you to submit User Content to us, you grant us, our affiliates, and any sublicensees, a non-exclusive, irrevocable, royalty-free, worldwide, fully sublicensable, perpetual right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works based upon such User Content, in any form, media, software or technology of any kind now existing or developed in the future.
By submitting User Content, you represent and warrant that (a) you are its sole author, that it originated with you and was not copied in whole or in part from any other work, and/or that you own or otherwise control all the intellectual property rights to it; (b) if necessary, you have obtained all permissions associated with it, including without limitation permissions relating to intellectual property, rights of publicity and/or rights of privacy; (c) it does not contain hate speech or profanity, is not libelous, obscene, injurious to third parties, otherwise objectionable (as determined by us), or in violation of this Agreement; (d) that you are not a minor and have the legal right and capacity to enter into and comply with these terms; and (e) it is not composed of and does not contain software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You agree to use your own e-mail address to submit all User Content. YOUR SUBMISSION OF USER CONTENT CONSTITUTES AN AGREEMENT THAT YOU WILL DEFEND, INDEMNIFY, AND HOLD US HARMLESS FOR ALL CLAIMS RESULTING FROM USER CONTENT YOU SUPPLY.
You agree that if you violate any of these representations and warranties, we have the right, at any time, without notice and without limiting any and all other rights we may have in law or equity, to (a) refuse to allow you to submit further User Content; (b) remove and delete your User Content; (c) revoke your registration and right to submit User Content; and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name, and your password.
WE DO NOT ENDORSE, ARE NOT RESPONSIBLE FOR USER CONTENT, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THE SITES.
Risk of Loss, Foreign Shipments, Returns, Refunds and Title
You acknowledge and agree that all items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
If you request that we ship an item to a country outside the U.S. (a “Foreign Shipment”), you acknowledge and agree that those shipments may be subject to taxes, customs duties, and fees levied by the destination country (“Import Levies”). THE RECIPIENT OF THE SHIPMENT IS THE IMPORTER OF RECORD IN THE DESTINATION COUNTRY AND IS RESPONSIBLE FOR ALL IMPORT LEVIES.
In case of DOA for international shipments, we will reship the items in claim free of charge, however, the purchaser MUST cover shipping, taxes, duties, and tariff costs. We do not issue refunds for international orders.
All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of our knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance.
Disclaimer of Warranties and Limitation of Liability
To the full extent permissible by applicable law, we (Algaebarn, llc. And its affiliates) disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the sites; information, content, materials, products (including software, mobile applications, and affiliated websites), or services included on or otherwise made available to you through the sites; our servers; or electronic communications sent from us are free of viruses or other harmful components. You agree that we will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
The sites and all information, content, materials, products (including software, mobile applications, and affiliated websites) and services included on or otherwise made available to you through the sites are provided by us on an “As is” and “As available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software, mobile applications, and affiliated websites) or services included on or otherwise made available to you through the sites, unless otherwise specified in writing. You expressly agree that your use of the sites is at your sole risk.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
We prohibit copyright infringement by users of our Sites, and will remove or disable access to any User Content that infringes any copyright, if we are properly notified or otherwise determine that the submission is or may be infringing. Without limiting any other rights that we may have, we reserve the right to remove or disable access to any allegedly infringing User Content without notice.
Any copyright owner or its authorized agent who believes that any User Content infringes such owner’s copyright may submit notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”), see 17 U.S.C. § 512. The notification must contain the following: (1) a physical or electronic signature of the copyright owner or its authorized agent, (2) an identification of the copyrighted work allegedly infringed, (3) identification of the content that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient for us to locate the content, (4) contact information for the copyright owner or its authorized agent, including address, telephone number, and (if available) an email address, (5) a statement by the copyright owner or its authorized agent that he/she has a good faith belief that the content is not authorized by the copyright owner, its authorized agent, or the law, and (6) a statement that the information contained in the notification is accurate and, under penalty of perjury, that the person submitting the notification is authorized to act by the owner of the exclusive right allegedly infringed. If we receive a proper notification, we will remove or disable access to the User Content (or allegedly infringing portion thereof) as required by the DMCA “safe harbor” provision, 17 U.S.C. § 512(c).
If your submission of User Content or any portion of it is removed, or access to it is disabled, and you believe that you have authorization from the copyright owner or its designated agent to make a submission or believe that your submission is otherwise non-infringing, you may submit a DMCA counter-notice to us. The counter-notice must contain the following: (1) your physical or electronic signature, (2) information sufficient to identify the content of the submission removed or to which access was disabled and the location where it was located, (3) a statement of your good faith belief that the content was removed, or access to it was disabled, in error, (4) your name, address, telephone number, and (if available) email address, (5) a statement that you consent to jurisdiction in the State of Colorado, USA with respect to the dispute, and (6) a statement that you will accept service of process from the person who notified us of the alleged infringement. If we receive a proper counter-notice, we will have the right to send a copy of it to the complaining party, and we may restore or re-enable access to the submission if the complaining party does not file suit within fourteen (14) days. We are not in a position, however, to adjudicate such disputes.
We may terminate your access to the Site(s) without notice if, under appropriate circumstances, we determine that you are a repeat infringer.
DMCA notices and counter-notices should be submitted to our designated agent for receiving such notices, which is our Legal Department at:
Attn: Legal Department
5900 E. 58th Avenue, Suite A
Commerce City, CO 80022
Claims Against us to be Resolved by Arbitration / Waiver of Class Action and Jury Trial
If you have a claim against us, you agree that it will be resolved by binding arbitration. Without your agreement to binding arbitration, we would be unable to provide our products and services to you on the same terms. Your agreement to binding arbitration means that you give up your right to sue us in a court of law, except that you may bring a claim in small claims court if your claim qualifies to be heard there. Any arbitration will be conducted and governed by the Colorado Revised Uniform Arbitration Act (CRUAA). You also agree not to bring a class action suit against us, and we each waive any right to a jury trial in any dispute. The above does not preclude any party from bringing an action to such equitable relief, if that is the only available appropriate relief under the circumstances.
The law of the State of Colorado and federal law to the extent applicable governs the use of the Sites, without reference to choice of law provisions. Any claim which qualifies to be filed in a court of law will be heard exclusively in the Colorado State Court, Adams County, Colorado.
Our Right to Amend and Remove Policies
We have the right to modify, amend or delete any policy posted on the Sites at any time or for any reason. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.
Attn: Legal Department
5900 E. 58th Avenue, Suite A
Commerce City, CO 80022