Terms & Condition

TERMS & CONDITIONS

Last update on: December 2022

Agreement to Terms

Trending Owl LLC., may also be referred to as Adaptogensbar.com, its successors, affiliates and or assigned (“we” or “us” or “our”) owns and operates this Website. This document governs your relationship with Adaptogensbar.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the "Linked Sites"), which are not operated by Trending Owl LLC., may also be referred to as Adaptogensbar.com, its successors, affiliates and or assigned. Trending Owl LLC., may also be referred to as Adaptogensbar.com, its successors, affiliates and or assigned has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at [Privacy Policy Link]. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Trending Owl LLC., may also be referred to as Adaptogensbar.com, its successors, affiliates and or assigned will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will 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 this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Trending Owl LLC., may also be referred to as Adaptogensbar.com, its successors, affiliates and or assigned or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Trending Owl LLC., may also be referred to as Adaptogensbar.com, its successors, affiliates and or assigned and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Online Store Terms

As a marketplace, Trending Owl LLC., may also be referred to as Adaptogensbar.com, its successors, affiliates and or assigned neither owns nor sells the Products displayed on its website.

When you purchase a Product from a Seller using the various third-party platform(s), the transaction is between you and the Seller alone. The Seller is responsible for delivering your order and providing any after-sale services. We provide technical and operational assistance for our marketplace app and function as the Seller's limited payment collection agent for the purpose of taking money from you. By placing an order, you are offering to purchase a product on and subject to the following terms and conditions.

All orders are subject to availability and confirmation of the order price. At our discretion, we may prohibit the sale of certain items and services to particular persons, geographic regions, or legal jurisdictions. However, we are not required to comply. This privilege may be used on a case-by-case basis. We have the right to limit the quantity of products or services available at any given moment and for any reason. We do not guarantee that the products, services, information, or other materials you get from us will fulfil your needs, nor do we guarantee that any service problems will be corrected.

Eligibility

In order to contract with Trending Owl LLC., may also be referred to as Adaptogensbar.com, its successors, affiliates and or assigned you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Trending Owl LLC., may also be referred to as Adaptogensbar.com, its successors, affiliates and or assigned retains the right to refuse any request made by you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to changes.

User Accounts

When You create an account with Us, You agree to supply Us with accurate, full, and up-to-date information at all times. Failure to comply with these requirements constitutes a violation of the Terms and may result in the immediate termination of Your account on Our Service.

You are responsible for maintaining the confidentiality of the password that You use to access the Service and for any activities or actions taken in reliance on Your password, regardless of whether Your password is associated with Our Service or a Third-Party Social Media Service.

You undertake to keep Your password secure and not to reveal it to any third party. You must immediately contact Us if you become aware of a security breach or unauthorized use of Your account.

You may not use as a username a name that belongs to another person or entity or is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without obtaining appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order.

Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Payment

Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received.

Return Policy

Please see our Return Policy (HERE).

Sellers Responsibility

Sellers are responsible for setting up and running their stores on our marketplace application, compiling and uploading Product listing information (including product descriptions and pricing) to their stores, as well as purchasing Products and fulfilling orders. It is possible that sellers are not situated in the same nation or area as you, which may have implications for taxes, customs, and the application of consumer protection laws.

We may enable payment processing, returns, refunds, and other customer services and transaction services in connection with your purchases of Products from Sellers in the course of delivering our Services or serving as a payment collection agent for Sellers. We have no control over the existence, quality, safety, appropriateness, or legality of the Products, nor do we guarantee the veracity, correctness, or legality of any information contained in the Product listings or other material given by Sellers or other users. In addition, we are not responsible for the performance or behaviour of Sellers or other users, including the Sellers' capacity to sell Products or that a Seller will complete a transaction for the Products. We do not support any Seller, business, Product, or Product listing, unless expressly stated.

For the limited purpose of taking payments from you, we function as the payment collection agent for Sellers. Upon our receipt of your payment in the agreed-upon amount, your payment obligation to the Seller for the agreed-upon amount will be satisfied. We are responsible for transferring money to the Seller in accordance with the Seller Services Agreement.

Before placing an order with a Seller, please carefully review all Product descriptions and limitations. It is your exclusive obligation to advise the Seller of any specific circumstances (e.g., a medical or health condition and/or special need) that may impact or be affected by the Product you desire to purchase before placing your order with the Seller.

User Generated Contributions

The Site may invite you to participate in chat, blogs, message boards, online forums, and other features and may give you the chance to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, such as but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or other material containing personal information (collectively, "Contributions").

Other Site users and third-party Sites may be able to view contributions. Any Contributions you send could therefore be considered non-confidential and non-proprietary. When you generate Contributions or make them available, you represent and warrant that:

1. Creation, distribution, transmission, public display or performance, as well as accessing, downloading, or copying of your Contributions, do not and will not violate the intellectual rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.

2. You are the creator and owner of your Contributions, or you have the appropriate licenses, rights, consents, releases, and permissions to use and authorize us, the Site, and other Site users to use your Contributions in any way permitted by the Site and these Terms of Service.

3. You have the written approval, release, and/or authorization of each and every identifiable individual in your Contributions to enable inclusion and use of your Contributions in any manner authorized by the Site and these Terms of Service.

4. Your Contributions are neither fake nor wrong.

5. Your Contributions are not unsolicited or unlawful advertising, promotional materials, pyramid schemes, chain letters, spam, or mass mailings.

6. Your Contributions must not be obscene, lewd, lascivious, filthy, violent, harassing, libellous, or otherwise inappropriate (as determined by us).

7. Your Contributions do not mock, degrade, intimidate, or abuse anyone.

8. Your contributions do not advocate for the violent overthrow of any government or incite, urge, or threaten physical damage against another individual.

9. Your Contributions comply with all applicable laws, rules, and regulations.
10. your Contributions do not breach the privacy or publicity rights of any third party.

11. your Contributions do not contain any content that solicits personal information from anybody under the age of 18 or exploits anyone under the age of 18 in a sexual or violent manner.

12. your Contributions do not violate any federal or state legislation prohibiting child pornography, or otherwise intended to protect the health or well-being of minors;

13. your Contributions do not include any offensive comments that are connected to race, country origin, gender, sexual preference, or physical impairment.

14. Your Contributions do not otherwise violate any aspect of these Terms of Service or any relevant law or regulation, nor do they link to content that does.
Any use of the Site in violation of the aforementioned may result in termination or suspension of your rights to use the Site.

Contribution License

You automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish your Contributions on the Site or make them accessible to the Site by linking your account on the Site to any of your social networking accounts. You also represent and warrant that you have the right to grant this license. Any media channels and any media formats are acceptable for use and distribution.

This license includes our use of your name, company name, and franchise name, as applicable, as well as any trademarks, service marks, trade names, logos, and personal and commercial images you supply. You renounce all moral rights to your Contributions, and you warrant that no moral rights have been asserted against them.

We make no claim to ownership of your Contributions. You retain complete ownership of all of your Contributions and associated intellectual property rights and other proprietary rights. We are not responsible for any claims or representations made in your Contributions in any area of the Site.

You are entirely responsible for your Contributions to the Site, and you expressly agree to absolve us of any liability and to refrain from bringing any legal action against us in connection with your Contributions.

We reserve the right, in our sole and absolute discretion, to (1) edit, redact, or otherwise modify any Contributions; (2) re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) pre-screen or delete any Contributions at any time and for any reason, without notice. We are under no responsibility to oversee your Contributions.

Guidelines For Reviews

We may provide locations on the Site where you can leave comments or ratings. The following requirements must be met while publishing a review:
1. You should have direct knowledge with the individual or organization being examined;

2. Your reviews should not contain profanity or language that is abusive, racial, insulting, or hateful;

3. Your evaluations should not contain any references that are biased based on religion, ethnicity, gender, national origin, age, marital status, sexual orientation, or disability;

4. Your reviews should not contain unlawful activity references;
5. When publishing unfavourable evaluations, you should not be linked with competitors.

6. You should not draw any inferences on the legality of conduct;

7. you are not permitted to publish any false or misleading statements;

8. You are not permitted to create a campaign urging others to publish reviews, regardless of whether they are positive or negative.

We have the right to approve, reject, or remove reviews at our discretion. We are under no responsibility whatsoever to moderate or remove reviews, even if someone finds them offensive or false. We do not endorse reviews, nor do they necessarily reflect our opinions or those of our affiliates or partners.

We assume no responsibility for any review or any claims, liabilities, or losses that may emerge from any review. By submitting a review, you offer us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, edit, translate, transmit by any means, display, perform, and/or distribute any and all review-related content.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Trending Owl LLC., may also be referred to as Adaptogensbar.com, its successors, affiliates and or assigned and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Trending Owl LLC., may also be referred to as Adaptogensbar.com, its successors, affiliates and or assigned and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Trending Owl LLC., may also be referred to as Adaptogensbar.com, its successors, affiliates and or assigned.

Indemnity

You agree to indemnify, defend and hold harmless Trending Owl LLC., may also be referred to as Adaptogensbar.com, its successors, affiliates and or assigned, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

Trending Owl LLC., may also be referred to as Adaptogensbar.com, its successors, affiliates and or assigned shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

 
Waiver 

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law/Jurisdiction

These terms and conditions and the transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with, the laws of Florida. Any action seeking legal or equitable relief arising out of or relating to these Terms will be brought only in the courts of The State of Florida.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede all preceding and contemporaneous agreements between you and Trending Owl LLC., may also be referred to as Adaptogensbar.com, its successors, affiliates and or assigned. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a director and or Manager of Trending Owl LLC., may also be referred to as Adaptogensbar.com, its successors, affiliates and or assigned.

CONTACT US

If you have questions or comments about this Terms and Conditions, please contact us at: Trending Owl LLC., may also be referred to as Adaptogensbar.com, its successors, affiliates and or assigned. Davie, FL 33325; trendingowlllc@gmail.com