TERMS AND CONDITIONS
3PM BITES, LLC (“3PM BITES”) maintains this website www.3pmbites.com (“the Website”) for your personal entertainment, information, education, use, communication, and purchase of 3PM BITES products. The material provided on this Website is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Website is controlled and operated by 3PM BITES from its offices within the United States. 3PM BITES makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
- USE OF CONTENT
All information, materials, functions and other content (“Content”) contained on Website are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Website or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from any Website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Website, except that where the Website is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use or replication of the Content is prohibited.
- INTELLECTUAL PROPERTY
All Content contained on the Website are either the copyrighted property of 3PM BITES or are the copyrighted property of third parties. 3PM BITES neither warrants nor represents that your use of Materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with 3PM BITES.
The trademarks, trade names, and trade dress displayed on the Website are trademarks of 3PM BITES or third parties (“Trademarks”). Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks. In the event that you misuse any of the Trademarks in violation of these Terms and Conditions, 3PM BITES will aggressively enforce its intellectual property rights to the fullest extent of the law.
- Social Media
You agree that you are at least 18 years old and will not: violate any local, state, federal and international laws and regulations, transmit any material that is unlawful, disruptive, threatening, profane, abusive, or otherwise objectionable, transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.
3PM BITES is not responsible for the comments and postings therein and reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue your access to any Social Media Site, at any time, without notice and for any reason and in its sole discretion.
- BLOG AND POSTS
As part of its Website, 3PM BITES has a blog wherein it may post blogs about a myriad of fitness and health topics. You are given the opportunity to post a comment. You hereby grant 3PM BITES and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
By using the Website, you agree that you will not post any statement on the blog that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (f) infringes or violates any right of a third party including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (3) any confidentiality obligation; (g) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Website or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Website; (i) does not generally pertain to the designated topic or theme of the relevant Forum to which it is submitted; (j) violates any specific restrictions applicable to a forum, including its age restrictions and procedures; or (k) is antisocial, disruptive, or destructive.
3PM BITES DOES NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE SERVICE AND; IS NOT RESPONSIBLE FOR THE CONTENT OF THESE COMMUNICATIONS AND MATERIALS. HOWEVER, 3PM BITES RESERVES THE RIGHT TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR; OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER OR (D) OFFENSIVE OR OTHERWISE UNACCEPTABLE TO 3PMBITES.COM AT ITS SOLE DISCRETION. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
3PM BITES reserves the right to remove any content, including, comments made by you, for any reason, at any time.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO OUR WEBSITE OR ANY THIRD PARTY WEBSITE OR SERVICES LINKED TO OR FROM ANY SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY WEBSITE (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
Furthermore, the Content is not intended to be a substitute for the services of trained professionals. Always seek the advice of your physician or health provider with any questions you may have regarding your physical wellness, usage of dietary supplements, and diet or exercise. If you think you may have a medical emergency, call your doctor or 911 immediately. We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided within or through the Website. Reliance on any information appearing on a Website is strictly at your own risk.
Nutrient values are estimates only. Variations may occur due to product availability and food preparation. Nutrition may vary based on methods of preparation, origin and freshness of ingredients, among other factors.
This site is not a substitute for the services of a trained health professional. Although we provide nutritional information for our recipes, the information on this Site is for informational purposes only. No information, services, or materials offered by or through this Site shall be construed as or understood to be medical advice or care. None of the information on this Site shall be used to diagnose or treat any health problem or disease. You must consult with a physician, doctor, or health care provider before taking any product or using any information on this Site. Please discuss any concerns with your physician or registered dietitian.
- LIMITATION OF LIABILITY
THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS.” UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY WEBSITE OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE WEBSITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
The claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary supplements are not intended to diagnose, treat, cure or prevent disease. Please consult with a healthcare professional before starting any diet, exercise or supplementation program.
- DISPUTE RESOLUTION
- THE DMCA AND CLAIMS OF COPYRIGHT INFRINGEMENT
We have adopted and implemented a policy that provides for the removal of infringing material from our Website. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to our Designated Agent.
Notification must be submitted to the following Designated Agent: 216 Nebula Road, Piscataway, NJ, 08854 firstname.lastname@example.org.
To be effective, the notification must be in writing and include each of the following: (a) a physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) 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 us to locate the material; (d) information reasonably sufficient to permit us 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; (e) 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 (f) 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.
3PM BITES may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Service, or by written communication delivered by first class U.S. mail to your address on record in 3PM BITES’s account information. You may give notice to 3PM BITES at any time by letter delivered by certified first class postage prepaid U.S. mail or overnight courier to the following address:
216 Nebula Road, Piscataway, NJ, 08854
- SHIPPING POLICY
We use USPS, UPS & Fedex as our default shipping services, but you can also choose from faster options if you’re in a rush: 2nd Day Air and Next Day Air.
Orders placed on business holidays, on weekends, after 2 p.m. EST Monday – Thursday, or after 11:30 a.m. EST Friday will be processed the following business day.
Orders shipped 2nd Day Air and Next Day Air cannot be delivered to P.O. boxes.
We take all major credit cards and PayPal®. Pick the one with the best interest rate and start shopping!
- SALES TAX
You will be charged the current sales tax on your orders.
Information regarding 3PM BITES’s products and services is applicable only in the United States unless otherwise noted. Those who do access this Website from other countries are solely responsible for compliance with local laws of that country.
All offers set forth on the Website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
- HEALTH AND MEDICAL DISCLAIMER
Do not use 3PM BITES’s products without appropriate medical care and consultation. If you suspect you have a medical problem or disease, please consult your physician for diagnosis and treatment.
That is to say, as your needs for healthcare and healthcare information change, you must evaluate not only the source but also also what is provided. It is your right to be thoroughly informed; but as importantly, it is your responsibility to participate actively in your own care and to participate in the decision-making process.
The information provided on this site is not intended to replace consultation, evaluation, services or establishment of a licensed practitioner-patient relationship. It is not diagnostic and does not replace an in-person examination and agreed upon course of action. It is not being used, or to be implied, as a means of practicing outside of state or scope of licensure. The material is meant for information and possible supplementation of what is provided by your specific healthcare provider. It should be reviewed with that person, also.
The operator(s) of this site specifically disclaim all responsibility for any liability, loss or risk, personal or otherwise which is incurred as a result, directly or indirectly, of the use and application of any material on this site.
The information and/or advice on this site is not intended to replace medical care.
We are committed to protecting the privacy and security of the users of 3PM BITES, LLC’s (“3PM BITES”) website https://3pmbites.com (“Site”).
PERSONAL IDENTIFICATION INFORMATION
We may request personal identification information from you (such as your name, street address, telephone number, credit card number, e-mail address, and/or any other identifier that permits the physical or online contacting of you) in connection with your use of or participation in services offered on the Site, including, without limitation, purchase of products, participation in contests, sweepstakes, promotions, games, surveys, or posting on our blogs, or other services that we make available on our Site. In all of these cases, we will collect personal identification information from you only if you voluntarily submit such information to us. Except as otherwise provided in this policy, we reasonably endeavor to ensure that we never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission, except as provided for herein or otherwise as permitted or required under law. Further, we may contact you based on the information you provide online whether in connection with your registration or in such places as the above.
If you do provide us with personal information for any of these activities, we may use it to conduct the activity. We may also use cookie technology and Web beacons (discussed in detail below) to improve your experience of these activities, including to remember your preferences, customize the content and advertisements that you see or authenticate your access to your personal information. In addition, in the event that your personally identifiable information is requested as part of our surveys, polls or promotions, such personally identifiable information may be added to your registration information.
We may also contact you to confirm your registration and communicate about your account status.
We have the following exceptions to these policies: We will release specific information about you or your account to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Site, or a physical or property threat to you or others. We may also transfer user information, including personally identifiable information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division, or other fundamental corporate change. We may provide access to your personally identifiable information to our contractors who are performing services for us in connection with our Site or the services that you have requested.
In addition, on occasion, we may collect personal identification information from you in connection with optional contests, special offers or promotions. We will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. Your participation in the contest, special offer or promotion constitutes your consent to such disclosure and use of such information.
Further, the information you enter when making a purchase will be shared with payment processors, financial gateways, and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out the transactions.
Please note that if you give out personal information online – for example, on our blog, that information can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you post on the blog and we have no control over how such third parties may use your information. You disclose such information at your own risk.
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password.
NON-PERSONAL IDENTIFICATION INFORMATION
We collect non-personal identification information through the use of, without limitation, the following types of methodology:
“Cookie” technology: A “cookie” is an element of data that a website can send to your browser, which may then store it on your system.
“IP address tracking”: An “IP address” is a number that is assigned to your computer when you are on the Internet. When you request pages from our Site, our servers log your IP address.
“Web beacons”: A “Web beacon,” or “clear gif,” is a small graphic image on a webpage or web-based document that a website can use to determine information about a user.
Non-personal identification information might include the browser you use, the type of computer, technical information about your means of connection to our Site such as the operating systems and the Internet service providers utilized, and other similar information. Our systems may also automatically gather information about the areas you visit and search terms you utilize on our Site and about the links you may select from within our Site to other areas of the World Wide Web or elsewhere online.
We use such information for our business purposes, and, in particular, to administer and better manage the Site. We may share this information with our partners, suppliers and other third parties, but we will not share any individual names or other personal information. For example, we may use a third-party advertising company to serve ads when you visit our Site. We may share demographic and preference information with this company to allow them to display appropriate advertisements for you.
We use a proprietary advertising server to display ads on our Site. In addition, advertisers may elect to use third-party advertising companies to serve ads onto our Site. Some of our advertisers may display ads on our Site that may use cookie technology or Web beacons to (i) identify non-personal information about our users (such as connection speed, browser and country of origin) and (ii) track user behavior within our Site. Advertisers generally use such information to customize the display of ads within our Site. We will not permit such advertisers to collect any personal information from our users within our Site, however, you may choose to voluntarily provide the advertisers with your personal information. We do not have access to these cookies or any information that they may contain.
Further, from time-to-time we contract with a third party web analytics provider to help manage and optimize our Site. We use this service to help us measure the effectiveness of our advertising and how visitors use our Site. To do this, we use Web beacons and cookie technology on the Site. The type of information we collect includes such information as the number of hits a webpage receives, type of browser used, and number of times a visitor makes a purchase from a particular promotion. By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors, which products and services most interest our users, and what kinds of offers our users like to see. Although this third-party provider logs the information coming from our Site on our behalf, we control how that data may and may not be used.
SPECIAL RULES RELATING TO CHILDREN
The Children’s Online Privacy Protection Act (“COPPA”) requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age. Our Site are not directed at children under 13 years of age but, we recognize that with proper adult supervision some parents might permit their children to visit our Site and use our online services. COPPA requires that we obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of our Site.
When your child attempts to register and/or provide personal information to 3PM BITES, we require a parent or legal guardian to:
Once parental notice and consent has been verified, the information we collect will be treated the same as information collected from any other user. Without verified parental notice and consent, we will not knowingly collect personal information relating to children under 13 years of age, and if we learn that we have inadvertently collected such information, we will promptly delete it.
HOW PARENTS CAN ACCESS THEIR CHILDREN’S PERSONAL INFORMATION
In compliance with COPPA, a parent or legal guardian may request from us to review, delete or stop the collection of personally identifiable information relating to their child or any child in their legal custody who is under 13 years of age. You may do so by following the instructions below regarding Access to/Correction of Information. If you request that no further information about your child be collected or used, we will be required to terminate your child’s ability to use any part of the service or feature that requires a user to “sign in.”
To learn more about COPPA, please visit this page:
LINKS TO OTHER SITES
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on those sites. In addition, those sites or services, including their content and links, may be constantly changing. Those sites and services may have their own privacy policies and customer service policies, or no policy (policies) at all. We encourage you to review the privacy policies of any third party sites or services before providing any of them with your personal information.
Protecting your privacy and your information is a top priority. We have taken reasonable measures to secure both your information and our physical premises. We exercise reasonable care in providing safe transmission of your information from your computer to our servers (unless sent by a means outside of our control, such as e-mail). However, we cannot guaranty that our measures will completely bar unauthorized access to your information, and by using the Site you assume this risk.
ACCESS TO/CORRECTION OF INFORMATION
If you would like to review any personal information we have retained about you in our database, please send us an e-mail request for this information at email@example.com. To help us address your request, please specify which information you wish to review. Once you have reviewed this information, at your request we will correct personal information about you that you state is erroneous. To request such a correction, please send an e-mail to firstname.lastname@example.org. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers although we will always make reasonable efforts to do so upon your request. We do not make any representations about the timeliness of the making of such modifications. In addition, we are unable to modify your information in the records of any third party who has been provided with your information in accordance with this policy.
If you “opt-in” to receive information from us, you can change your mind later. If you do not want to receive e-mail or other mail from us, please be sure to opt out of these features. All of these communications provide the ability for you to opt out of future communications through an ‘unsubscribe’ link at the bottom of the communication. If you sign up to enter a sweepstakes or contest, you are opted in to receive email communications. When submitting your information for these purposes, you will see the following message: “By submitting your email you are agreeing to receive promotional emails from 3PM BITES. You may opt out at any time.” We do not sell your email or other contact information to third parties. Even if you opt out of receiving notices regarding our Terms and Conditions and other legal notices from us, such as this Privacy Notice, those notices will still govern your use of the Site and orders placed with 3PM BITES, and it is your responsibility to review them for changes. You should be aware that it is not always possible to completely remove or modify information in our databases and servers, although we will always make reasonable efforts to do so upon your request, and we are unable to have your information removed from the records of any third party who has been provided with your information in accordance with this policy.
YOUR ACCEPTANCE OF THESE TERMS
3PM BITES wants you to be completely satisfied with your experience so we have made returning or exchanging products easy. You are backed by a 30 Day Money Back Guarantee and a 30 Day Exchange Guarantee.
Simply return your 3PM BITES product order within 30 Days of your billing date for a full refund of the product price.
Return and Exchange Procedures:
- Refunds/Exchanges: Contact our customer support at email@example.com for a Return Authorization Number (RA#) or an Exchange Authorization Number (EA#) and then Return to the following address:
- Attn: 3PM BITES LLC – 216 Nebula Road, Piscataway, NJ, 08854
- Return the empty and/or unused portion of your product, the original invoice and your RA# or EA# to ensure proper handling. If you would like to exchange your return for another quality product of equal or lesser value, please indicate what product(s) in your return.
- Exchanges: We offer a 30 day exchange program where you can return a product and request that we send you another quality 3PM BITES product of equal or lesser value with flat rate shipping rate of $5.99. All exchanges are final.
- Important:Return postage is the responsibility of the customer and we recommend using delivery confirmation to avoid any delays. All packages returned refused or undeliverable will be refunded the cost of the product minus the shipping fees incurred by refusal of the package.
- Returns must be received in our offices within 30 Days from billing date. All charges (excluding shipping and handling fees) are fully refundable 30 Days from the billing date. Exchange requests must be received by our offices within 30 Days from the billing date.
- Used/Empty product containers may only be returned if adequate time has elapsed to consume the product as directed on the label. For example, we will not accept a six-month supply of empty product containers after only one or two months.
- All refunds will be processed within 5 – 7 business days of receiving the package. After a return has been processed, it may take up to 5 – 8 business days for the Bank to process the refund to the credit card.