Legal
Terms & Conditions
The rules for using our site, buying our bars, and earning Club 44 rewards. Please read them, including the arbitration agreement in Section 22.
These Terms & Conditions (the "Terms") are a binding agreement between you and US Fruit and Veg Inc., doing business as The Reggie Bar ("The Reggie Bar," "we," "us," or "our"). They govern your use of thereggiebar.com, the QR code pages printed on our packaging, the Club 44 rewards program, our emails and text messages, and every purchase you make from us (together, the "Services").
By accessing or using the Services, checking out or placing an order, joining our email list, or joining Club 44, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.
PLEASE READ SECTION 22 CAREFULLY. IT REQUIRES YOU AND THE REGGIE BAR TO RESOLVE MOST DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, WAIVES YOUR RIGHT TO A JURY TRIAL, AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. You may opt out of arbitration within 30 days, as explained in Section 22.
Our products contain milk, peanuts, and soy and are made in a facility that also processes egg, wheat, almond, cashew, pecan, and coconut. See Section 6.
1. Eligibility
You must be at least 18 years old, or the age of majority where you live, to place an order, join Club 44, or otherwise enter into these Terms. If you are younger, you may use the Services only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use. The Services are offered only to people in the United States, and we ship only to addresses in the United States. You may not use the Services if you are barred from doing so under applicable law.
2. Changes to these Terms
We may change these Terms from time to time. When we do, we will update the "Last updated" date above, and for material changes we will give reasonable advance notice, such as a notice on the site or an email. Changes take effect when posted unless we say otherwise, and apply only to use of the Services and orders placed after that date. The terms in effect when you placed an order govern that order. Your continued use of the Services after a change takes effect means you accept it. Changes to Section 22 are governed by Section 22.10.
3. Accounts and sign-in
Club 44 uses password-free sign-in: we email you a one-time code. You agree to give us accurate, current, and complete information, to keep it up to date, and to keep your email account secure. You are responsible for all activity under your account. Tell us right away at support@thereggiebar.com if you believe someone else has accessed your account. You may not share your account, sign up for more than one account, or create an account on behalf of someone else without their permission.
4. Electronic communications
By using the Services, you consent to receive communications from us electronically, including by email and by notices posted on the site. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. Transactional and account messages, such as order confirmations, shipping notices, and sign-in codes, are part of the Services.
Marketing email. If you sign up for our list (by checking the consent box on the signup form), opt in at checkout, or join Club 44, you agree to receive promotional emails from us. You can unsubscribe at any time using the link in any marketing email.
Text messages. We will send recurring automated marketing text messages only to people who have separately given express written consent to receive them, and consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to cancel and HELP for help. Carriers are not liable for delayed or undelivered messages. You agree to tell us if you give up or change the mobile number you provided. How we handle mobile information is described in our Privacy Policy.
5. Products and descriptions
We try to describe and display our products as accurately as possible. Colors and appearance can vary with your screen, and product packaging may change from what is pictured. Photos, recipes, and serving suggestions on the site are for illustration and inspiration. The label on the product you receive is the authoritative source for ingredients, allergens, and nutrition information, and controls over anything on the site if they differ. We do not warrant that product descriptions or other content on the site are complete, current, or error-free. If a product you receive is not as described, your remedy is set out in Section 11.
Historical information about The REGGIE! Bar, including archival photos and footage, is provided for general interest. Any reference to a person, team, venue, or event does not imply that they sponsor or endorse the Services, except as expressly stated.
6. Allergens, food safety, and storage
Allergen warning: The REGGIE! Bar contains milk, peanuts, and soy. It is made in a facility that also processes egg, wheat, almond, cashew, pecan, and coconut, so it may contain traces of these allergens. If you or anyone you are buying for has a food allergy, sensitivity, or dietary restriction, read the product label before eating, and consult a medical professional if you are unsure. If you buy our products as a gift or to share, you are responsible for passing this allergen information along to the people who will eat them.
Chocolate is sensitive to heat. Store bars in a cool, dry place, and bring deliveries indoors promptly. Do not eat a product that appears spoiled, contaminated, or tampered with; contact us instead. Nothing on the Services is medical, nutritional, or dietary advice.
7. Autographed and collectible items
Autographed items are signed by hand, so each signature is unique and may vary in placement, size, and appearance from what is pictured. When a listing states that an item comes with a certificate of authenticity or other documentation, we will include it as described. Unless a listing says otherwise, autographed and limited-edition items are sold for personal enjoyment, and we make no representation or promise about their present or future collectible, resale, or investment value. Because of their nature, autographed and limited items may be in short supply, and we may limit quantities or decline orders as described in Section 8. Claims about damaged or incorrect autographed items are handled under Section 11.
8. Orders and acceptance
Your order is an offer to buy the products in your cart. Our order confirmation email confirms that we received your order; it is not an acceptance. We accept your order, and a contract of sale is formed, when we ship the products to you. Until then, we may refuse or cancel any order, or any part of it, for any lawful reason, including product unavailability, an error in price or description, a problem with payment, suspected fraud, orders that appear to be placed by resellers in violation of our limits, or orders that exceed quantity limits. If we cancel an order after you have been charged, we will refund the amount charged for the cancelled items.
We may limit or cancel quantities purchased per person, per household, per payment method, per address, or per order. You agree that the information you provide at checkout is accurate and that you are authorized to use the payment method you provide.
9. Prices, payment, and taxes
All prices are in US dollars and are subject to change without notice until your order is accepted. Despite our efforts, a product may occasionally be mispriced. If we discover a pricing error before accepting your order, we will either contact you for instructions or cancel your order and tell you.
Checkout and payment processing are provided by Shopify and its payment partners. By submitting an order, you authorize us and our payment processors to charge your payment method for the total amount shown at checkout, including the product price, shipping charges, and applicable taxes. You are responsible for any sales, use, or similar taxes that apply to your purchase, which we collect where required by law. If your payment is declined or reversed, we may cancel your order or suspend your access to the Services.
If you believe you were charged in error, please contact us at support@thereggiebar.com before disputing the charge with your card issuer. We usually resolve billing problems quickly, and contacting us first does not affect any rights you have with your card issuer.
10. Shipping, title, and risk of loss
We ship to addresses in the United States as described on our Shipping & Returns page, which is part of these Terms. Shipping times and delivery dates are estimates, not guarantees, and depend on the carrier. You are responsible for giving us a correct and complete delivery address.
Products are shipped under a shipment contract. Title to products passes to you when we deliver them to the carrier, which is also when risk of loss passes to you, to the extent permitted by law. This does not limit our commitment, described in our Shipping & Returns policy, to replace or refund orders that arrive damaged or melted, or that are lost in transit.
11. Returns, refunds, and damaged orders
Our products are food, so for health and safety reasons we cannot accept returns of opened, eaten, or used products. If your order arrives damaged, melted, incorrect, or incomplete, contact us within 7 days of delivery with your order number and a photo of the problem, and we will replace the affected items or refund you, as described on our Shipping & Returns page. Refunds are issued to the original payment method. These remedies are in addition to any rights you have under law that cannot be waived.
12. Promotions and discount codes
From time to time we may offer promotions, discount codes, free shipping offers, giveaways, or other special offers. Each offer is subject to these Terms and to any additional terms we state with it. Unless the offer says otherwise, offers are limited to one per customer, cannot be combined with other offers, apply only to qualifying products, have no cash value, cannot be redeemed for cash, and are void where prohibited. We may modify, suspend, or end any offer at any time, and may cancel orders or reverse discounts obtained through fraud, error, or abuse of an offer. Any sweepstakes or contest will be governed by its own official rules.
13. Resale and wholesale
Retail orders on the site are sold for personal use and for resale only in the original, unopened, unaltered packaging. If you resell our products, you may not repackage, relabel, or alter them; make health, ingredient, or other claims about them that do not appear on our label; or state or imply that you are an authorized dealer of, or affiliated with, The Reggie Bar unless we have agreed to that in writing. You may refer to the products by name only as needed to accurately identify what you are selling. For wholesale pricing and larger orders, contact us at support@thereggiebar.com. Wholesale arrangements may be subject to a separate written agreement.
14. Club 44 rewards program
Club 44 (the "Program") is a free loyalty program that rewards fans for scanning our packaging, shopping with us, and taking part in other activities we offer. These Program rules are part of these Terms.
14.1 Membership
The Program is open to individuals who are at least 18 years old and live in the United States. Membership is personal, limited to one account per person, and is not available to businesses. You join by providing the requested information and verifying your email address with the one-time code we send. Employees of The Reggie Bar and members of their households may participate but may be excluded from particular rewards or offers. Customers who buy through our online store may be enrolled in the Program automatically, and they can close their membership at any time by contacting us.
14.2 Earning points
You can earn points by scanning a Club 44 QR code printed on eligible packaging (points for each code can be claimed once per account), by making qualifying purchases through our online store, and by completing other actions we offer. We decide, and may change, the number of points awarded for each activity, which purchases and actions qualify, and any limits on how often points may be earned. We decide how purchase points are calculated, for example per dollar spent or per product, and may exclude certain products, purchases, or charges. Points may take time to appear in your account. If you join after a qualifying purchase, we may, but are not required to, credit that purchase within the period shown in the Program.
14.3 Adjustments
If an order is cancelled, returned, refunded, or charged back, we will deduct the points earned on it, which may cause your balance to go negative until you earn more. We may also correct points awarded in error.
14.4 Rewards
Points may be redeemed for rewards we make available from time to time, which may include signed memorabilia, merchandise, meet-and-greets, and events. Rewards are subject to availability and may be offered for a limited time or in limited quantities. We may substitute a reward of equal or greater value if a reward becomes unavailable. Event and experience rewards are subject to the date, time, location, and conditions we announce, and may require you to sign a separate release or follow venue rules; unless we state otherwise, travel, lodging, meals, and other expenses are not included, and a missed event cannot be rescheduled or exchanged. Rewards are not transferable unless we say otherwise. You are responsible for any taxes on rewards you receive.
14.5 Nature of points
Points have no cash value. They are not your property, are not a bank account or stored value, earn no interest, and cannot be sold, bought, bartered, transferred, assigned, combined between accounts, or redeemed for cash, except where the law requires otherwise. Points cannot be used as payment at checkout unless we offer that option. Any attempt to sell or transfer points or rewards is void.
14.6 Expiration, changes, and ending the Program
We may set or change rules for point expiration and account inactivity, and we will tell you in advance before any expiration rule first applies to points already in your account. We may change the Program, including the ways to earn points, point values, and available rewards, at any time. We may end the Program by giving members at least 30 days' notice, during which you may redeem available points for available rewards; unredeemed points will expire when the Program ends. If you close your account, unredeemed points are forfeited.
14.7 Fraud and abuse
You may not earn or redeem points through fraud, misrepresentation, or abuse, including by creating multiple accounts, using another person's account, copying, sharing, generating, or tampering with QR codes, using bots, scripts, or other automated means, or exploiting a technical error. If we reasonably believe you have done so, we may withhold, deduct, or cancel points and rewards, suspend or close your account, and take other action allowed by law. Our decisions on Program eligibility and points are final, to the extent permitted by law.
14.8 Other terms
The Program is void where prohibited or restricted by law. The Program is not a sweepstakes, lottery, or game of chance. Our handling of Program information, including our Notice of Financial Incentive, is described in our Privacy Policy.
15. Intellectual property
The Services and their content, including text, graphics, logos, product names, packaging designs, photographs, archival images and video, recipes, software, and the selection and arrangement of all of these (the "Content"), are owned by The Reggie Bar or its licensors and are protected by copyright, trademark, trade dress, right of publicity, and other laws. REGGIE!, the REGGIE! logo, the orange wrapper design, Club 44, and related names and marks are trademarks of their respective owners and are used under license. The name, image, likeness, signature, and other identifying characteristics of any athlete or other person shown on the Services belong to that person or their licensees and are used with permission. Other marks shown on the Services belong to their owners.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use, and to print or download Content for that use, as long as you keep all copyright and other notices. You may not otherwise copy, reproduce, modify, distribute, publicly display, sell, or create derivative works from any Content, or use our marks or any person's name or likeness, without our prior written permission. All rights not expressly granted are reserved.
16. Your submissions and feedback
If you send us content, such as photos, messages, reviews, or receipts ("Submissions"), you confirm that you own it or have the right to send it, and that it does not violate anyone's rights or the law. You grant us a non-exclusive, royalty-free, worldwide license to use, store, reproduce, and process Submissions to provide and improve the Services, such as handling a damaged-order claim or verifying a receipt. We will not publish your Submissions with your name or likeness for marketing without your permission.
If you send us ideas, suggestions, or feedback about our products or Services ("Feedback"), you agree that we may use it for any purpose without obligation or compensation to you. Please do not send us unsolicited creative ideas or materials you consider confidential.
17. Acceptable use
You agree not to, and not to help anyone else to:
- use the Services in violation of any law, or for any fraudulent, harmful, or unauthorized purpose;
- use bots, scrapers, crawlers, or other automated means to access, collect data from, or place orders through the Services, except for search engines indexing public pages in accordance with our robots.txt file;
- circumvent quantity limits, purchase restrictions, or security features, or buy products using false identities or multiple accounts;
- interfere with or disrupt the Services, or probe, scan, or test their vulnerabilities, or introduce viruses or other malicious code;
- copy, reverse engineer, decompile, or attempt to extract the source code of any part of the Services, except as the law expressly permits;
- access or attempt to access accounts, systems, or data you are not authorized to access, including our administrative areas;
- impersonate any person or misrepresent your affiliation with any person or with The Reggie Bar; or
- send spam, or submit content that is unlawful, defamatory, harassing, obscene, or infringing.
18. Copyright complaints
We respect intellectual property rights. If you believe material on the Services infringes your copyright, send a notice to our copyright agent at support@thereggiebar.com with the subject line "Copyright Notice," or by mail to Copyright Agent, US Fruit and Veg Inc., 158 Carmelito St, Monterey, CA 93940, including: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the material you believe is infringing and where it is located on the Services; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf. We may remove material and terminate repeat infringers in appropriate circumstances.
19. Third-party services and links
The Services rely on and link to services provided by others, including Shopify's checkout and payment services, shipping carriers, and social media sites such as Instagram. Your use of those services may be subject to their own terms and privacy policies. We do not control and are not responsible for third-party sites, services, or content, and a link does not mean we endorse them.
20. Disclaimers
EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR ON OUR SHIPPING & RETURNS PAGE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, CONTENT, AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. Where implied warranties cannot be excluded, they are limited to the shortest period permitted by law. Nothing in these Terms limits any warranty or right that cannot be limited under applicable consumer protection law.
21. Limitation of liability and indemnity
21.1 Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE REGGIE BAR AND ITS OWNERS, LICENSORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND SERVICE PROVIDERS (THE "REGGIE BAR PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, THE PRODUCTS, THE PROGRAM, OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE REGGIE BAR PARTIES' TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, THE PRODUCTS, THE PROGRAM, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE PRODUCTS GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED US DOLLARS ($100).
21.2 Exceptions. The limitations in Section 21.1 do not apply to liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for our gross negligence or willful misconduct, or for any other liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow the limitation of incidental or consequential damages, so some of these limitations may not apply to you.
21.3 Indemnity. To the extent permitted by law, you agree to defend, indemnify, and hold harmless the Reggie Bar Parties from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of your violation of these Terms or the law, your misuse of the Services, your Submissions, or your resale of our products. We may assume the exclusive defense of any matter subject to indemnification, and you agree to cooperate with our defense.
22. Dispute resolution and arbitration
22.1 Informal resolution first. Most concerns can be resolved quickly by contacting us at support@thereggiebar.com. Before starting an arbitration or court case, you and we each agree to send the other a written notice of dispute ("Notice") and to try in good faith to resolve the dispute informally for at least 60 days. Your Notice must be sent by email to support@thereggiebar.com with the subject line "Notice of Dispute," or by mail to US Fruit and Veg Inc., Attn: Legal, 158 Carmelito St, Monterey, CA 93940, and must include your name, the email address and any order number associated with your dispute, a description of the dispute, and the relief you want, and must be personally signed by you (and by your lawyer, if you have one). We will send any Notice to you at the email address we have for you. If requested, each party will take part in a telephone or video conference to try to resolve the dispute. Any applicable statute of limitations and filing deadlines are paused while the parties are in this informal process. Completing it is a condition to starting arbitration, and an arbitrator or court may dismiss a case filed without it.
22.2 Agreement to arbitrate. If the dispute is not resolved informally, you and The Reggie Bar agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, the products, the Program, our marketing communications, our privacy practices, or any relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether it arose before or after you agreed to these Terms (a "Dispute"), will be resolved by final and binding individual arbitration, except as stated in Section 22.4. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, except that a court decides disputes about Sections 22.5 (class waiver), 22.7 (mass arbitration), and 22.4's exclusions.
22.3 Rules and procedure. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by this Section 22. The rules and forms are available at adr.org. A single arbitrator will decide the Dispute. Unless you and we agree otherwise, the arbitration will take place in the county where you live, or by video conference or written submissions if you prefer, and for claims of $10,000 or less it will be decided on written submissions unless the arbitrator decides a hearing is needed. Payment of filing, administration, and arbitrator fees will be governed by the AAA's rules, and we will pay any fees that the rules require a business to pay. If the arbitrator finds that your claim or the relief you sought was frivolous or brought for an improper purpose, fees will be governed by the AAA's rules. The arbitrator may award the same individual damages and relief, including injunctive and declaratory relief, that a court could award, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator's award is final and binding, and judgment on it may be entered in any court with jurisdiction.
22.4 Exceptions. Either party may (a) bring an individual claim in small claims court, if it qualifies and stays there on an individual basis; (b) seek an injunction or other equitable relief in court to stop actual or threatened infringement, misappropriation, or violation of intellectual property rights; and (c) bring a claim in court for public injunctive relief, to the extent such a claim cannot lawfully be waived or required to be arbitrated, in which case that claim will be stayed until any arbitrable claims and requests for individual relief have been decided in arbitration.
22.5 Class action and jury trial waiver. YOU AND THE REGGIE BAR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, or representative proceeding. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL for any Dispute, including any Dispute that proceeds in court.
22.6 Opting out. You may opt out of this agreement to arbitrate by sending an email to support@thereggiebar.com with the subject line "Arbitration Opt-Out," or a letter to US Fruit and Veg Inc., Attn: Arbitration Opt-Out, 158 Carmelito St, Monterey, CA 93940, within 30 days after you first agree to these Terms. Your email or letter must include your full name, mailing address, and the email address you use with us, and a clear statement that you are opting out of arbitration. Opting out will not affect any other part of these Terms, and will not affect any prior agreement to arbitrate you may have with us.
22.7 Mass arbitration. If 25 or more similar Notices or arbitration demands are submitted against The Reggie Bar by or with the help of the same or coordinated counsel or entities ("Mass Filing"), the following applies, in addition to the AAA's Mass Arbitration Supplementary Rules: the parties' counsel will select 10 cases (5 each) to proceed first in arbitration as bellwether cases, and the remaining cases will not be filed or will be held in abeyance, with filing fees not owed, until the bellwether cases are resolved. After that, the parties will mediate the remaining cases in good faith before proceeding in further batches of up to 50 cases each, with each batch assigned to a single arbitrator. Statutes of limitations are paused for all cases in a Mass Filing from the time the first Notice is sent until the case is permitted to proceed. A court may resolve any dispute about whether this Section applies and may enforce it, including by enjoining the filing or prosecution of arbitration demands that do not comply.
22.8 Severability. If any part of Section 22.5 is found unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then that claim or request (and only that one) will be severed and decided in court after all other claims are arbitrated, and Section 22.5 will remain enforceable for everything else. If any other part of this Section 22 is found unenforceable, the rest of it will still apply.
22.9 Federal Arbitration Act. These Terms involve interstate commerce, and the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section 22.
22.10 Changes to this Section. If we make a material change to this Section 22, we will give you at least 30 days' notice. The change will not apply to any Dispute of which either party had already given Notice before the change took effect. If you reject the change by emailing us within that 30-day period, you will remain bound by the version of this Section 22 you previously agreed to.
22.11 Survival. This Section 22 survives the end of your use of the Services, your closing of any account, and the termination of these Terms.
23. Governing law and venue
These Terms, and any Dispute, are governed by the laws of the State of California, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs Section 22. For any Dispute that is not subject to arbitration, you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in Monterey County, California, and waive any objection based on inconvenient forum. This does not prevent either party from bringing a qualifying claim in small claims court where you live, and does not deprive you of the protection of any mandatory consumer law of the state where you live.
To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within one year after the claim arises; otherwise it is permanently barred. This limit does not apply where the law prohibits it.
24. Suspension and termination
We may suspend or end your access to all or part of the Services, including your Club 44 account, at any time if we reasonably believe you have violated these Terms or the law, have engaged in fraud or abuse, or if needed to protect the Services or other users. We may also change, suspend, or discontinue any part of the Services at any time. You may stop using the Services at any time, and may close your Club 44 account by contacting us. Sections that by their nature should survive termination will survive, including Sections 5 through 7, 9 through 11, and 15 through 26.
25. Notice to California residents
Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: The Services are provided by US Fruit and Veg Inc., doing business as The Reggie Bar, 158 Carmelito St, Monterey, CA 93940. To resolve a complaint about the Services or to receive further information about their use, contact us at support@thereggiebar.com or 831-646-3314. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
26. General terms
- Entire agreement. These Terms, together with our Privacy Policy, our Shipping & Returns policy, and any additional terms we present for a particular offer, reward, or feature, are the entire agreement between you and us about the Services and replace any prior agreements on that subject. If additional terms conflict with these Terms, the additional terms control for that offer or feature only.
- Severability. Except as provided in Section 22.8, if any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will stay in full force and effect.
- No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
- Assignment. You may not assign or transfer these Terms or your rights under them without our written consent. We may assign these Terms, including in connection with a merger, acquisition, or sale of assets, and they will bind and benefit our successors and assigns.
- Force majeure. We are not responsible for any delay or failure to perform caused by events beyond our reasonable control, including extreme weather and heat, natural disasters, carrier delays, labor disputes, supply shortages, utility or internet outages, pandemics, government action, war, or terrorism.
- Relationship. Nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship between you and us.
- No third-party beneficiaries. These Terms do not give rights to anyone other than you and us, except that the Reggie Bar Parties are intended beneficiaries of Sections 20 and 21.
- Interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against the party that drafted them. If these Terms are translated, the English version controls.
- Notices. We may give you notices by email to the address you gave us, or by posting them on the Services. You may give us notices by email to support@thereggiebar.com or by mail to US Fruit and Veg Inc., Attn: Legal, 158 Carmelito St, Monterey, CA 93940, except where these Terms require a specific subject line or format.
27. Contact us
Questions about these Terms? We're happy to help.
- Email: support@thereggiebar.com
- Phone: 831-646-3314
- Mail: US Fruit and Veg Inc., d/b/a The Reggie Bar, 158 Carmelito St, Monterey, CA 93940
- Or send a note through our contact page.