Terms of Service

Overview

This website is operated by Bangin’ Peanut Butter, LLC. Throughout the website, the terms “we,” “us,” and “our” refer to Bangin’ Peanut Butter, LLC.

Bangin’ Peanut Butter, LLC offers this website, including all information, tools, products, and services available through the website, conditioned upon your acceptance of these Terms of Service and all other policies and notices stated herein.

By visiting our website or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service. These Terms apply to all users of the website, including browsers, customers, vendors, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing any part of the website, you agree to be bound by these Terms. If you do not agree, you may not access the website or use the Service.

Any new products, features, or tools added to the store will also be subject to these Terms. You may review the most current version of these Terms at any time on this page.

We reserve the right to update, change, or replace any portion of these Terms by posting an updated version on our website. Your continued use of the website after changes are posted constitutes acceptance of those changes.

Our online store is hosted by Shopify Inc. Shopify provides the e-commerce platform that allows us to offer and sell our products to you.

Section 1 — Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or place of residence or that you are the age of majority and have given permission for a minor dependent to use this website under your supervision.

You may not use our products or Service for any illegal or unauthorized purpose. You may not violate any applicable federal, state, or local law while using the Service.

You must not transmit viruses, worms, malicious code, or other technology that could damage or interfere with the website or Service.

A violation of these Terms may result in the termination of your access to the Service.

Section 2 — General Conditions

We reserve the right to refuse service to anyone when reasonably necessary to protect our business, customers, website, or legal rights.

You understand that content you submit, excluding payment-card information, may be transferred across different networks and modified to meet the technical requirements of connecting networks or devices. Payment-card information is encrypted during transfer through our payment-processing providers.

You may not reproduce, duplicate, copy, sell, resell, scrape, or commercially exploit any portion of the Service without our prior written permission.

The headings used in these Terms are included for convenience and do not limit or otherwise affect their interpretation.

Section 3 — Accuracy, Completeness, and Timeliness of Information

We make reasonable efforts to provide accurate, complete, and current information on this website. However, information may occasionally contain errors, omissions, or outdated material.

Information on the website is provided for general informational purposes and should not be relied upon as the sole basis for making decisions without consulting other appropriate sources.

The website may contain historical information that is no longer current and is provided for reference only.

We reserve the right to modify website content at any time. We are not obligated to update information except where required by law.

Section 4 — Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right to modify, suspend, or discontinue the Service, or any portion of it, at any time.

We will not be liable to you or any third party for a modification, price change, suspension, or discontinuation of the Service, except where otherwise required by law.

Section 5 — Products and Services

Certain products or services may be available exclusively through the website and may be offered in limited quantities.

We make reasonable efforts to display product images, colors, packaging, and other details accurately. However, we cannot guarantee that your device will display colors or other visual details accurately.

Because our products are prepared in small batches, their appearance, consistency, texture, color, and distribution of mix-ins may vary slightly from the photographs shown online. These natural variations do not, by themselves, indicate that a product is defective.

We reserve the right, but are not obligated, to:

Limit sales to any person, household, geographic region, or jurisdiction;
Limit the quantities of products available for purchase;
Modify product descriptions or pricing;
Discontinue any product at any time; and
Prohibit orders that appear to be placed by unauthorized dealers, resellers, or distributors.

Any offer for a product or service made through this website is void where prohibited by law.

We do not guarantee that every product will meet every customer’s individual expectations or personal taste preferences.

Section 6 — Accuracy of Billing and Account Information

We reserve the right to refuse, limit, or cancel an order.

Restrictions may apply to orders placed through the same customer account, payment method, billing address, shipping address, or household.

If we modify or cancel an order, we may attempt to notify you using the email address, billing address, or telephone number provided when the order was placed.

We reserve the right to limit or prohibit orders that, in our reasonable judgment, appear to be fraudulent or placed by unauthorized dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase, billing, account, contact, and payment information. You agree to promptly update your information so we can complete transactions and contact you when necessary.

Section 7 — Optional Tools

We may provide access to third-party tools that we do not monitor, control, or operate.

Access to third-party tools may be provided on an “as is” and “as available” basis without warranties, representations, or endorsement.

Your use of optional third-party tools is at your own discretion and may be governed by the terms and policies of the applicable provider.

We may offer new services, features, or resources through the website in the future. Those additions will also be subject to these Terms.

Section 8 — Third-Party Links

Certain content, products, or services available through our website may include materials or services provided by third parties.

Third-party links may direct you to websites that are not affiliated with Bangin’ Peanut Butter. We are not responsible for examining or evaluating the content, accuracy, security, or practices of third-party websites.

We are not responsible for harm or damages arising from your independent use of third-party websites, products, services, resources, or content.

Please review the policies and practices of a third party before entering into a transaction with that party. Questions or complaints concerning a third party’s products or services should be directed to that third party.

Section 9 — User Comments, Reviews, and Submissions

If you submit a review, photograph, video, contest entry, suggestion, idea, proposal, or other material directly to us, you grant Bangin’ Peanut Butter a nonexclusive, worldwide, royalty-free license to edit, reproduce, publish, display, distribute, and otherwise use that content in connection with our website, social-media channels, and marketing.

We are not obligated to:

Keep general submissions confidential;
Pay compensation for submissions;
Publish submitted content; or
Respond to submissions.

We may monitor, edit, decline, or remove content that we determine is unlawful, offensive, threatening, defamatory, obscene, misleading, or otherwise objectionable.

You agree that your submissions will not violate another party’s copyright, trademark, privacy, publicity, or other rights. Your submissions must not contain unlawful, abusive, or obscene material, viruses, malware, or other harmful code.

You may not use a false email address, impersonate another person, or mislead us or others concerning the source of a submission.

You are responsible for the content and accuracy of your submissions.

Section 10 — Personal Information

Your submission of personal information through the website is governed by our Privacy Policy.

Section 11 — Errors, Inaccuracies, and Omissions

The website may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, charges, delivery estimates, or availability.

We reserve the right to correct errors, update information, or cancel an affected order when information on the website is inaccurate, including after an order has been submitted.

If we cancel an order after payment has been collected, we will issue an appropriate refund to the original payment method.

We are not obligated to update or clarify website information except where required by law.

Section 12 — Prohibited Uses

You may not use the website or its content:

For an unlawful or fraudulent purpose;
To encourage another person to participate in an unlawful act;
To violate applicable laws, regulations, or ordinances;
To infringe our intellectual-property rights or the rights of another party;
To harass, threaten, abuse, defame, or discriminate against another person;
To submit false, deceptive, or misleading information;
To impersonate another person;
To upload or transmit viruses, malware, or harmful code;
To collect or track another person’s information without authorization;
To spam, phish, scrape, crawl, or systematically collect website content;
For an obscene or immoral purpose;
To interfere with or circumvent website-security features;
To place fraudulent orders or initiate fraudulent payment disputes; or
To purchase products for unauthorized commercial resale.

We reserve the right to terminate or restrict access to the Service for violations of this section.

Section 13 — Disclaimer of Warranties and Limitation of Liability

We do not guarantee that your use of the website or Service will always be uninterrupted, timely, secure, or error-free.

We do not guarantee that information or results obtained through use of the Service will always be accurate or reliable.

The website and Service are provided on an “as is” and “as available” basis, except as otherwise expressly stated by us.

To the fullest extent permitted by law, Bangin’ Peanut Butter, LLC and its owners, officers, employees, contractors, service providers, suppliers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential economic damages arising from:

Use of or inability to access the website;
Website interruptions or errors;
Third-party websites or services;
Reliance on general website content; or
Customer misuse of the Service.

Where permitted by law, our total liability for recoverable economic loss will not exceed the amount paid for the order giving rise to the claim.

Nothing in these Terms excludes or limits liability for personal injury or death to the extent caused by our legally established fault, gross negligence, willful misconduct, fraud, violation of applicable consumer-protection law, or any other liability that cannot legally be excluded or limited.

Some states or jurisdictions do not allow certain warranty exclusions or limitations of liability. In those jurisdictions, our liability will be limited only to the maximum extent permitted by law.

Section 14 — Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Bangin’ Peanut Butter, LLC and its owners, officers, employees, contractors, service providers, and suppliers from third-party claims and reasonable expenses arising directly from:

Your unlawful misuse of the website;
Your material violation of these Terms;
Your violation of applicable law; or
Your infringement of another party’s rights.

This provision does not require you to indemnify Bangin’ Peanut Butter for our own negligence, defective products, violation of law, or wrongful conduct.

Section 15 — Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the greatest extent permitted by law or removed to the minimum extent necessary.

The remaining provisions will remain valid and enforceable.

Section 16 — Termination

These Terms remain effective unless terminated by you or us.

You may terminate your agreement with these Terms by discontinuing your use of the website.

We may suspend or terminate access to the Service if we reasonably believe that you have violated these Terms or created a security, fraud, or legal risk.

Rights, obligations, and liabilities incurred before termination will survive where applicable.

Section 17 — Entire Agreement

Our failure to exercise or enforce a provision of these Terms does not constitute a waiver of that provision.

These Terms and any policies or operating rules posted on the website constitute the agreement between you and Bangin’ Peanut Butter concerning your use of the Service.

These Terms supersede prior or contemporaneous communications and proposals concerning the Service, whether written or oral.

If a provision is ambiguous, it will be interpreted fairly under applicable law and will not automatically be construed against either party.

Section 18 — Governing Law

These Terms and any separate agreements through which we provide products or services will be governed by and interpreted under the laws of the State of Florida, without regard to conflict-of-law principles.

Nothing in this section deprives a consumer of protections that cannot legally be waived.

Section 19 — Changes to These Terms

You may review the current version of these Terms at any time on this page.

We reserve the right to update, revise, or replace any portion of these Terms by posting an updated version on our website.

The revised Terms will include a new effective date. Continued use of the website after revised Terms take effect constitutes acceptance of those changes.